Brandism Terms of Service

Brandism operates a marketplace and platform relating to domains, brands, creative assets and business services. Depending on the particular transaction, Brandism may act as owner and principal seller of an asset; marketplace operator; domain broker; transaction facilitator; marketing agent for a Portfolio Partner; creative-services provider; technology or commerce-services provider; affiliate or reseller-program operator; or another role expressly identified in the applicable transaction. Brandism's role may differ from one Listing or service to another.

Certain products and programs may include additional transaction-specific or program-specific terms, including Portfolio Partner schedules, installment or lease-to-own schedules, trademark-service terms, creative-services scopes of work, commerce-service terms, affiliate or reseller program schedules, escrow instructions and transaction confirmations. Those terms supplement these Terms. If there is a conflict, the more specific transaction or service terms control for the matter they address.

You agree that electronic acceptance, electronic signatures, click-through acceptance, email confirmations and Platform records may evidence binding agreements to the extent permitted by law.

Brandism may update these Terms prospectively. The version applicable when a binding Transaction is formed will ordinarily continue to govern that Transaction. Brandism may maintain archived versions at [TERMS ARCHIVE URL]. Each published version may be identified by an effective date and version number.

You must be at least eighteen (18) years old and legally capable of entering contracts.

If an account is used for a company or other organization, you represent that you are authorized to act for and bind that organization.

You must provide materially accurate, current and complete information and keep transaction and account information reasonably current.

You are responsible for maintaining the security of your credentials and for activity conducted through your account by persons you authorize. You must notify Brandism promptly if you reasonably believe your account or payment credentials have been compromised. Brandism may reasonably rely on instructions originating from an authenticated account unless Brandism has received notice of compromise.

Brandism may require identity verification, business verification, payment verification, domain-ownership verification, beneficial-owner information, source-of-funds information, sanctions screening, fraud review or other reasonable diligence. Brandism may delay, restrict or decline a Transaction pending satisfactory verification.

You represent that you are not prohibited from transacting with Brandism under applicable economic sanctions or trade restrictions and that you are not acting on behalf of a prohibited person.

A “Brandism Vault” Domain is a Domain Brandism or an affiliated owner controls for sale as principal.

A “Portfolio Partner” Domain is owned or controlled by a third party that has authorized Brandism to market, broker or facilitate the sale.

A “Partner Marketplace” Domain is offered through an outside marketplace, registrar or other distribution relationship. Different transaction processes and third-party terms may apply.

A Listing is subject to availability until the Transaction becomes binding. A Domain may become unavailable because of a prior sale, ownership change, registrar restriction, legal claim, technical error or other circumstance.

Brandism attempts to maintain accurate Listings but information can change. Unless expressly stated otherwise, a Domain Listing does not include a website, hosting, email, customer data, business entity, software, telephone number, social-media account or username, marketplace account, revenue stream, advertising account, trademark registration, copyright or other property formerly associated with the Domain.

A Domain transaction concerns contractual registration rights in an Internet domain name. Purchase of a Domain does not by itself create ownership rights in the underlying word, phrase, idea, concept, trademark or business category.

Categories, descriptions, suggested industries, proposed businesses, naming concepts, slogans and potential applications are illustrative only. They are not representations that such use is legally permissible, commercially successful or available in any particular jurisdiction.

A Listing may include multiple Domains, extensions or related digital assets. Only the items expressly identified as included are part of the Transaction. No rights in unlisted extensions, social handles, telephone numbers, marketplace usernames or other identifiers are implied. Unless the Listing specifies otherwise, if one asset in a multi-Domain bundle becomes incapable of transfer before completion, Brandism may either complete the remaining portion and make an appropriate adjustment attributable to the unavailable asset, or cancel the bundle and return amounts paid for undelivered assets. Brandism may determine the appropriate remedy based on the materiality of the unavailable asset.

For a Domain designated “Buy Now,” completing checkout constitutes an offer to purchase on the displayed terms. A binding Transaction occurs when Brandism confirms acceptance or otherwise confirms that the purchase has been approved. An automated payment receipt alone does not necessarily constitute acceptance.

Certain Domains may permit offers and counteroffers. Submission of an offer does not create a sale. Brandism may communicate with the Seller, negotiate within authorized parameters, request additional information or communicate counteroffers.

A Brandism representative, broker, chatbot, AI system or automated negotiation system may facilitate negotiations. Unless expressly stated otherwise, such a system or representative does not have unlimited authority to bind the Domain owner. Brandism may state that an agreed amount remains subject to seller or management approval.

Once an offer has been finally accepted and Brandism confirms the Transaction, Buyer and Seller are bound subject to payment, verification and transfer requirements.

Brandism may cancel a Transaction before transfer where there is an obvious material pricing, currency, inventory, ownership or technical error. An “obvious material error” includes an error where the displayed terms materially depart from the intended Listing in a manner that a reasonable person would recognize as likely erroneous. If Brandism cancels for such an error before delivery, Brandism will return amounts received for the undelivered asset.

A Buyer may not use Brandism's marketplace, brokerage or communications systems to identify or engage a Seller for the purpose of avoiding Brandism's applicable fee or commission.

Checkout may include selection of the asset or package; acceptance of price; selection of payment method; identity and fraud verification; acceptance of these Terms; execution of supplemental documents; funding; escrow or transaction-assurance procedures; collection of transfer information; and delivery. Brandism may modify the sequence according to the Transaction.

Brandism may accept or facilitate payment through methods including wire transfer, ACH, credit or debit card, Zelle, licensed escrow providers, transaction-assurance providers, financing or installment arrangements and other approved methods. Not all methods are available for all Transactions. Brandism may restrict higher-value Transactions to wire, ACH, escrow or another approved method.

Unless otherwise stated, prices are quoted in United States dollars.

Where a third-party escrow or transaction-assurance provider is used, its terms also apply. Brandism is not a bank, trust company or licensed escrow institution merely because it coordinates or facilitates a Transaction.

Brandism does not ordinarily change official wire instructions solely through an unsolicited email, text message, social-media message or direct message. If payment instructions appear to change, Buyer must independently verify them through an official Brandism channel before transmitting funds. Brandism may require independent verbal confirmation for high-value Transactions.

Unless expressly included, Buyer is responsible for applicable transactional taxes, government charges, registrar fees, escrow charges and separately disclosed third-party costs.

Brandism may hold a Transaction while reasonably investigating suspected fraud, identity issues or payment risk.

Domains are unique digital assets. Once a Domain transfer, registrar push, authorization-code transfer or change of control has been initiated, purchases are ordinarily final and non-refundable.

A Buyer is not entitled to cancel merely because the Buyer changes its mind, changes business plans, finds another Domain, concludes the Domain will not rank as expected, later identifies a trademark concern or decides the Domain is no longer commercially desirable.

If Brandism or an applicable Seller cannot deliver transferable rights in a fully paid Domain, Buyer's exclusive ordinary contractual remedy is return of the purchase amount attributable to the undelivered Domain. Related services already properly performed may remain chargeable. This Section does not limit a remedy that applicable law does not permit the parties to limit.

Before transfer begins, Brandism may approve a cancellation in its discretion or where required by law. Applicable processing, escrow or other non-refundable charges may be deducted if previously disclosed and legally permissible.

Approved refunds will generally be initiated to the original payment source within ten (10) business days after Brandism approves the refund, unless another method is required or agreed. Processing and posting time after initiation depends on the applicable bank, card network, payment processor or financial institution and is outside Brandism's control.

A Buyer must not initiate a payment reversal after receiving the purchased Domain or assets except in the exercise of a legitimate legal right. Improper chargebacks constitute a material breach. Brandism may seek recovery of the Domain where technically and legally possible and may recover reasonable processing, collection and legal costs to the extent permitted by law. Nothing in this Section waives non-waivable consumer rights.

Transfer may occur through registrar account push, registrar-to-registrar transfer, change of registrant, authorization code, escrow account, intermediary holding account, registry-specific procedure or another commercially reasonable method.

Buyer must reasonably cooperate, including by creating a registrar account if required; providing correct receiving-account information; responding to transfer emails; accepting registrant changes; and completing authentication procedures.

A Domain is delivered when it is placed into an account controlled by Buyer or the applicable registrar or transfer provider confirms that Buyer has obtained control.

Many transfers can be completed within approximately one to two business days once payment and required information are complete. Other transfers can take one to two weeks or longer. Timing is an estimate, not a guarantee.

Possible delays include registrar or registry locks, recent registrations or transfers, changes of registrant, security holds, ccTLD requirements, manual registrar review, payment review, escrow processes, expired or recently renewed Domains, holidays, ownership verification, legal claims, seller delays, buyer delays and technical issues.

Domains remain subject to applicable registrar agreements, registry rules and ICANN policies where applicable. Brandism cannot override those policies.

After transfer, Buyer is responsible for renewal fees, registrar credentials, registrant information, security, nameservers, auto-renew settings and preventing expiration.

Unless expressly included, transfer of a Domain does not include migration of websites, DNS configurations, hosting or email. Buyer is responsible for backups and continuity planning.

After transfer, Buyer is responsible for the registration data associated with the Domain and for complying with the applicable registrar's registration-data, WHOIS, RDAP, privacy and proxy-service requirements. Availability of privacy or proxy services varies by registrar, registry, top-level domain and jurisdiction. Brandism does not guarantee that registration information can remain private.

A Listing may include one or more of the following: Domain only; pre-designed logo; custom logo; identity assets; editable design files; launch materials; brand guide; or other expressly identified deliverables. Only stated deliverables are included.

All Brandism-created logos, icons, wordmarks, graphics, visual identities, concepts, mockups, slogans and related materials remain Brandism property until rights are expressly transferred. Public display does not grant a license.

A Portfolio Partner receives no ownership or usage rights in a Brandism-created logo merely because Brandism creates the logo to market that Partner's Domain. If the Listing is removed without sale, the promotional assets remain Brandism property.

Where a Listing states that Design Assets are included, Brandism will provide the specified Design Assets after full payment and successful completion of the Transaction. Upon delivery, Brandism assigns or licenses the transferable rights Brandism owns in those final assets, as specified by the applicable Listing or package.

Available deliverables may include SVG, PNG, JPG, PDF or other stated formats. Source or editable files are included only when expressly specified.

Drafts, alternate concepts, rejected designs, templates, working files and concepts not expressly purchased remain Brandism property. A user may not copy, commercialize, register as a trademark, use to create a substantially similar identity, or otherwise exploit an unpurchased Brandism-created concept.

Fonts, stock assets, open-source elements, templates or other third-party components remain subject to their applicable licenses. Brandism cannot transfer rights it does not own.

Creation or delivery of a logo, wordmark or identity does not constitute a legal clearance opinion or guarantee trademark registrability.

Purchasing a Domain does not convey ownership of third-party trademark rights associated with words contained in that Domain.

Some Domains may contain, incorporate, resemble or overlap with words, phrases, businesses, products or brands associated with third-party trademark rights. Brandism may display an informational notice on such Listings.

A trademark notice is provided for transparency and does not constitute legal advice, a finding of infringement, a finding of non-infringement, permission from a trademark owner, trademark clearance or a determination that use with a disclaimer will be lawful.

The absence of a trademark notice does not mean a Domain has been legally cleared. Brandism does not undertake to identify every registered mark, pending application, common-law right, foreign right, trade name or other potential claim.

Buyer is responsible for evaluating whether its intended use complies with trademark, unfair-competition, advertising, consumer-protection, copyright and other applicable laws. Brandism encourages appropriate legal review where material trademark risk exists.

Unless expressly stated, neither Brandism nor a Listing is sponsored by, affiliated with, licensed by or endorsed by a third-party trademark owner merely because a Domain contains or resembles that party's name or mark.

After transfer, Buyer controls how the Domain is used. Brandism is not responsible for Buyer's subsequent website, advertising, branding, redirects, email activity, products, services, representations or infringement of third-party rights.

Domains can be subject to litigation, registrar proceedings, registry procedures and administrative dispute mechanisms, including the Uniform Domain Name Dispute Resolution Policy where applicable. Purchase does not immunize a Domain from such proceedings.

Statements such as suggested trademark availability, “trademark runway,” preliminary search results or similar marketing descriptions are not formal legal clearance opinions unless an identified licensed attorney expressly provides such an opinion under a separate attorney engagement.

Brandism may provide administrative technology, search, classification, filing coordination, attorney access or other services relating to trademark applications.

Brandism is not a law firm and does not itself provide legal advice. Where legal services are provided, they may be provided by an independent licensed attorney or law firm under separate professional terms.

Unless expressly stated otherwise, an attorney participating in a trademark service represents the applicable client under the attorney's own engagement and does not represent Brandism. Communications transmitted through Brandism are not necessarily privileged as against Brandism merely because an attorney is involved.

Submission of a trademark application does not guarantee registration. Trademark authorities independently determine registrability.

Trademark searches are point-in-time searches and may not identify all common-law uses, pending claims, foreign rights, newly filed applications, similar marks or other legal issues.

The customer is responsible for accurate information concerning ownership, goods and services, dates of use, specimens, commercial use and other application information.

Government filing fees, attorney fees, office-action responses, oppositions, renewals and additional filings are included only if expressly stated.

The customer is ultimately responsible for approving the trademark owner, filing basis, goods and services, Nice classifications and other substantive application information, even where Brandism, software or a service provider suggests or pre-populates that information.

Unless expressly included in the purchased package, fees for office-action responses, statements of use, proof-of-use submissions, extensions of time, amendments, oppositions, appeals, renewals, foreign filings and other post-filing work are additional.

A trademark filing service is legally separate from the associated Domain purchase even when sold together. Cancellation, refund or failure of a Domain Transaction does not automatically cancel, transfer or refund trademark work already performed or government fees already incurred.

Ownership, continuation, abandonment, assignment and responsibility for a pending trademark application will be governed by the applicable Trademark Services Terms and, where an attorney is involved, the attorney engagement agreement. Unless those terms expressly provide otherwise, the named applicant owns the application and is responsible for it after filing.

Brandism may assist customers with preparation or submission of information relating to Employer Identification Numbers. Brandism is not the Internal Revenue Service and does not issue EINs. The IRS determines eligibility and issuance.

Unless provided by an appropriately licensed professional under a separate engagement, Brandism does not provide legal, tax or accounting advice.

Brandism may provide administrative assistance relating to entity setup, naming, business launch, registrations, business infrastructure and related services. Government approval is never guaranteed.

Brandism may provide brand strategy, naming, positioning, identity development, creative services, web development, messaging, marketing materials and launch planning. Detailed custom work may be governed by a statement of work.

Playbooks, guides, recommendations and educational materials are informational. They are not promises of revenue, funding, market acceptance or business success.

Brandism may offer commerce, storefront, payment, marketplace, analytics, hosting, domain-management or related technology. Additional product terms may apply. Customers remain responsible for products and services sold, customer support, refunds, taxes, regulatory compliance, privacy, fulfillment and payment-network compliance.

This Article applies when a user submits, lists or sells Domains through Brandism. Participation may also require acceptance of a Portfolio Partner schedule that states commercial terms such as commissions, attribution periods, payout timing and other variable program terms.

Seller represents that Seller owns or controls the Domain or has express authority from the registrant to sell it.

Seller represents that the Domain is not subject to an undisclosed restriction that would prevent transfer. Seller must disclose material liens, ownership disputes, UDRP proceedings, litigation, registrar holds, court orders, financing interests or other transfer restrictions.

Seller must provide materially accurate information regarding ownership, registrar, expiration, pricing, transfer status and included assets.

Seller must maintain a listed Domain in good standing and use commercially reasonable efforts to prevent expiration while actively listed or under Transaction.

When a binding sale has occurred, Seller must complete the transfer. Seller may not refuse because a higher subsequent offer was received.

Seller may authorize a Buy Now price, minimum offer, floor price, negotiation range or another pricing structure. Brandism may negotiate within authorized parameters.

Seller must promptly update Brandism if a listed Domain sells elsewhere, expires, transfers, becomes unavailable or is materially restricted.

A Seller may not use Brandism-generated leads or introductions to avoid an agreed commission.

Commission rates, external-sale fees, attribution periods, payout timing, holdbacks and other commercial terms may be specified in a Portfolio Partner schedule or onboarding terms. Brandism may offset refunds, chargebacks, reversals and other amounts properly chargeable under the applicable schedule.

Seller grants Brandism a non-exclusive, worldwide, royalty-free license to use Seller-supplied Domain names, descriptions, screenshots and approved promotional content to market the Listing and document transactions.

Brandism-created promotional material remains Brandism property except where expressly transferred under a completed purchase.

Participation is subject to Brandism approval and requires acceptance of the applicable Affiliate, Referral or Reseller Program Schedule. Brandism may establish different partner categories and schedules.

The applicable Program Schedule may establish commission rate, reseller discount, attribution period, qualified-transaction rules, payout threshold, payout frequency, approved products, territories, marketing rights and other variable commercial terms. Brandism may prospectively modify those commercial terms as permitted by the Program Schedule without requiring amendment of these master Terms.

Partners are independent contractors. Nothing creates an employment, partnership, joint venture, franchise, fiduciary or general agency relationship.

A Partner may not enter contracts on Brandism's behalf, change Brandism pricing, guarantee a transaction, guarantee trademark registration, promise legal clearance, incur liabilities for Brandism or make representations inconsistent with Brandism materials.

While approved, Brandism grants Partner a limited, revocable, non-exclusive, non-transferable license to use approved Brandism names and marketing assets solely for authorized promotion. All goodwill accrues to Brandism.

Without written approval, Partner may not register Brandism trademarks or confusingly similar marks; register domains or social usernames incorporating Brandism; alter Brandism logos; impersonate Brandism; purchase misleading paid-search keywords; or present an independent business as Brandism itself.

Partner is responsible for truthful advertising and legally required disclosure of the Partner's commercial relationship with Brandism. Affiliate links or paid endorsements must be disclosed where required by applicable law.

Partners may not use unlawful spam, misleading advertising, false urgency, fake reviews, cookie stuffing, unauthorized software, deceptive redirects, trademark impersonation or other abusive acquisition methods.

Brandism may exclude self-referrals, artificial transactions, related-party transactions primarily created to generate commissions, fraudulent transactions, cancelled transactions and chargebacks from commission eligibility.

Brandism's tracking systems and reasonably maintained transaction records determine attribution unless the applicable schedule states otherwise.

Unless a schedule states otherwise, commission becomes earned only after payment clears, applicable fraud review is complete, the Transaction becomes non-refundable under the applicable rules and the qualifying event is completed.

Brandism may offset commissions resulting from refunds, reversals, chargebacks, fraud, duplicate attribution, cancellation or transactions later determined not to qualify.

Partners are responsible for their taxes and for providing required tax documentation.

Where a reseller sells a Brandism service to its own customer, the applicable Program Schedule will identify whether Brandism contracts directly with the end customer, the reseller contracts with the end customer, or both relationships apply to different services. No reseller may obscure legally required terms from an end customer.

Brandism or Partner may terminate program participation in accordance with the applicable schedule. Brandism may immediately suspend participation for fraud, material breach, legal risk, deceptive marketing or misuse of Brandism intellectual property.

An installment, financing or lease-to-own option is offered only if the applicable transaction schedule or supplemental terms are presented to and accepted by the Buyer.

The applicable schedule will identify who retains registration control until final payment. Buyer should not assume title transfers before all required payments are made.

The installment terms will identify responsibility for renewal charges during the payment period.

Failure to make required payments may result in termination of use rights, suspension, recovery or recapture of the Domain, cancellation of the payment arrangement and other remedies specified in the installment terms, subject to applicable law.

Any prepayment rights, financing charges, commercial-installment characterization, consumer-credit disclosures or other legally required terms will be stated in the transaction schedule.

Brandism may integrate with registrars, marketplaces, payment processors, escrow providers, financing companies, attorneys, hosting companies, trademark services, government services and other providers.

Certain purchases may be processed through a third-party marketplace or transaction platform. Purchases completed through a partner-powered checkout, including transactions initiated through shop.brandism.com where applicable, may be processed by that partner and are also subject to the partner's applicable buyer, payment, transfer and refund terms. The identity of the applicable transaction provider may be displayed during checkout or in the transaction confirmation. If there is a conflict concerning a matter controlled by the partner's payment or transaction system, the partner's applicable transaction terms will govern that matter.

Use of third-party services may require acceptance of the third party's terms, policies or procedures.

Unless expressly stated otherwise, third-party providers are independent. Brandism is not responsible for their independent acts, omissions, downtime or policies.

Except for user or third-party property, Brandism owns or licenses the Platform and its software, interface, text, marketplace organization, database structure, graphics, logos, visual assets, naming concepts, valuation methodologies, content, workflows and other proprietary materials.

Brandism grants users a limited, revocable, non-transferable license to use the Platform for its intended purpose.

Except where expressly authorized, users may not systematically scrape the Platform, copy substantial portions of inventory data, reproduce Brandism's marketplace, extract Design Assets or use automated systems in a manner that materially burdens the Platform.

Brandism may use software, algorithms or artificial intelligence to assist with descriptions, classifications, suggested names, designs, appraisals, search, recommendations and other content. Such assistance does not create a guarantee of accuracy, originality, legal clearance or suitability.

Voluntary suggestions and feedback may be used by Brandism without compensation or restriction, except where separately protected by confidentiality obligations.

Unless Buyer requests otherwise in writing, Brandism may identify a Domain as “sold,” include the Domain in historical sales data and display the Domain as an example of a completed Brandism Transaction. Brandism will not identify the Buyer by name or disclose confidential transaction terms unless the Buyer separately consents or disclosure is otherwise permitted by law.

Brandism respects intellectual-property rights. If you believe copyrighted material available through the Platform infringes your rights, you may submit a notice under the Digital Millennium Copyright Act (DMCA).

Brandism has designated the following agent to receive notifications of claimed copyright infringement and maintains that designation with the U.S. Copyright Office: DMCA Agent: [NAME OR TITLE]; Brandism / Brandism, Inc.; Address: [PHYSICAL MAILING ADDRESS]; Telephone: [PHONE]; Email: dmca@brandism.com.

A copyright infringement notice should include substantially: (a) the physical or electronic signature of a person authorized to act for the copyright owner; (b) identification of the copyrighted work claimed to be infringed, or a representative list if multiple works are involved; (c) identification and location of the allegedly infringing material sufficient for Brandism to locate it; (d) contact information for the complaining party; (e) a statement that the complaining party has a good-faith belief that the complained-of use is not authorized by the copyright owner, its agent or law; and (f) a statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act for the owner of the exclusive right.

Brandism may remove or disable access to material in response to a legally sufficient notice or where Brandism otherwise reasonably determines action is appropriate.

Where appropriate, Brandism may notify the user who supplied affected content.

A user who believes content was removed because of mistake or misidentification may submit a counter-notification containing substantially: (a) the user's physical or electronic signature; (b) identification of the removed material and its prior location; (c) a statement under penalty of perjury that the user has a good-faith belief that removal or disabling resulted from mistake or misidentification; (d) the user's name, address and telephone number; (e) consent to jurisdiction of the appropriate United States federal district court as required by the DMCA; and (f) agreement to accept service of process from the complaining party or its agent.

Following a legally sufficient counter-notification, Brandism may restore material consistent with applicable DMCA procedures unless Brandism receives legally sufficient notice that the complaining party has initiated an action seeking to restrain the alleged infringement.

Where appropriate and in appropriate circumstances, Brandism may terminate accounts of repeat copyright infringers.

Submitting knowingly false or materially misleading DMCA notices or counter-notices may result in liability under applicable law.

The DMCA applies to copyright claims. Trademark complaints should be submitted under Article 18 rather than through the DMCA procedure.

A rights holder may send a written complaint to Brandism Legal / Intellectual Property at legal@brandism.com and [LEGAL ADDRESS]. The complaint should identify the claimant, the right claimed, the affected Domain or content, supporting registration or ownership information if applicable, the complained-of use and contact information.

Brandism may request information, add a disclosure, remove content, pause a Listing, restrict a Transaction, contact the Seller or take another reasonable action.

Brandism is not required to adjudicate competing intellectual-property claims. Removal or continued display of a Listing does not constitute a legal finding concerning ownership, validity or infringement.

Users may not use Brandism for fraud, money laundering, sanctions evasion, phishing, malware, identity theft, illegal impersonation, deceptive advertising, unlawful spam, infringement, illegal products or services, unauthorized account access, manipulation of offers, payment fraud or other unlawful conduct.

Users may not intentionally interfere with another Transaction, Platform security, registrar processes or third-party transaction systems.

Brandism's Privacy Policy, available at https://www.brandism.com/privacy, governs Brandism's collection, use, disclosure and handling of personal information and is incorporated into these Terms by reference.

Information may be disclosed to Buyers, Sellers, registrars, marketplaces, escrow providers, payment processors, attorneys, verification providers and other parties where reasonably necessary to provide requested services or comply with law.

Domain valuation is subjective. Any appraisal, estimated retail value, comparable sale, scarcity description or pricing recommendation is an opinion.

Brandism does not guarantee future resale value, liquidity, appreciation, traffic, search ranking, revenue, customer acquisition, investment return or profitability.

A statement that a Domain has been independently or internally appraised does not constitute an offer to repurchase, an investment recommendation or a guarantee that another buyer will pay the appraised amount.

Brandism does not offer Domains as securities and does not act as an investment adviser merely by displaying pricing, market information or valuation opinions.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM, LISTINGS, SERVICES AND INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT FOR EXPRESS REPRESENTATIONS IN A BINDING TRANSACTION AGREEMENT, BRANDISM DISCLAIMS WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY.

BRANDISM DOES NOT WARRANT THAT A DOMAIN IS LEGALLY AVAILABLE FOR EVERY USE; A DOMAIN OR LOGO CAN BE REGISTERED AS A TRADEMARK; A THIRD PARTY WILL NOT ASSERT RIGHTS; A TRADEMARK APPLICATION WILL REGISTER; A DOMAIN WILL GENERATE TRAFFIC, REVENUE OR SEARCH RANKING; A DOMAIN WILL APPRECIATE; A BUSINESS CREATED FROM A BRANDISM ASSET WILL SUCCEED; OR THE PLATFORM WILL OPERATE WITHOUT INTERRUPTION.

Nothing excludes warranties or obligations that cannot lawfully be excluded.

If Brandism acts as principal seller of a Domain and is unable to deliver transferable rights in that Domain, Buyer's exclusive ordinary contractual remedy is return of the amount paid for the undelivered Domain as provided in Section 6.3. Except for liabilities that cannot lawfully be limited, Brandism's aggregate liability arising from the applicable Vault Transaction will not exceed the total amount Buyer paid Brandism for that Transaction.

Where Brandism acts as marketplace operator, broker or facilitator rather than principal owner, Brandism's aggregate liability, other than return of Buyer funds actually held by Brandism for an undelivered purchase, will not exceed the fees or commissions Brandism actually retained from the applicable Transaction.

For services not involving a Domain sale, Brandism's aggregate liability will not exceed the amount paid to Brandism for the applicable service during the twelve months preceding the event giving rise to the claim.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRANDISM WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR LOST PROFITS, LOST BUSINESS, LOST DATA, LOST GOODWILL OR BUSINESS INTERRUPTION.

These limitations do not apply where applicable law prohibits limitation, including to the extent applicable to fraud, willful misconduct, personal injury or another non-waivable category.

You agree to defend, indemnify and hold harmless Brandism and its affiliates, officers, directors, employees and agents from third-party claims, liabilities, losses, judgments, costs and reasonable attorneys' fees resulting from your material breach of these Terms; your unlawful Platform use; content supplied by you; your post-purchase use of a Domain or Design Asset; your infringement of third-party rights; or your material misrepresentation concerning ownership or authority.

Seller indemnification includes claims based on lack of authority to sell a listed Domain or material misrepresentations concerning title or transferability.

Buyer indemnification includes claims arising from Buyer's subsequent use of a purchased Domain in violation of third-party rights or law.

Brandism may suspend an account, Listing, program relationship or pending Transaction where reasonably necessary because of fraud, payment risk, infringement, sanctions, security concerns, legal claims, material breach or risk to Brandism or other users.

Termination does not eliminate accrued obligations, including payment, commission, transfer, indemnification or dispute obligations.

Brandism may maintain transaction records, support communications, electronic acceptance records and other records relating to Platform activity.

Where permitted by applicable law and with required notice or consent, Brandism may record calls or communications for quality, security, training or transaction documentation.

Brandism is not liable for delay caused by circumstances beyond its reasonable control, including registrar or registry outages, payment-network failures, telecommunications disruption, cyberattacks, government actions, natural disasters, war, civil disturbance or failure of third-party infrastructure.

Before initiating arbitration or litigation, a party must provide written notice describing the dispute and requested relief and allow thirty (30) days for a good-faith attempt at resolution. Notices to Brandism must include, where applicable, the Domain and order number and be sent to legal@brandism.com and [LEGAL MAILING ADDRESS]. Emergency injunctive relief is not subject to this waiting period where delay would cause irreparable harm.

These Terms are governed by Delaware law, without regard to conflict-of-law principles, except where applicable federal or non-waivable law controls. The Federal Arbitration Act governs applicable arbitration provisions.

For purposes of this Article, a “Consumer” is an individual who acquires the applicable product or service primarily for personal, family or household purposes. A person purchasing primarily for a business, investment, resale, entrepreneurial or other commercial purpose is a business user even if payment is made using a personal credit card.

Except for eligible small-claims matters, intellectual-property claims seeking injunctive relief and disputes that applicable law does not permit to be arbitrated, disputes arising from these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association. Applicable Consumer Rules will govern qualifying Consumer disputes. Commercial Rules will govern business disputes.

Unless the parties agree otherwise, arbitration involving a business user will occur in [ARBITRATION COUNTY], Delaware or remotely. Any Consumer location requirements imposed by applicable law or governing arbitration rules will control.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES TRIAL BY JURY.

Claims subject to arbitration must be pursued individually and not as part of a class, collective or representative action except where applicable law prohibits this limitation.

A new user may opt out of mandatory arbitration by providing written notice to legal@brandism.com within thirty (30) days after first accepting these Terms. The notice must identify the user and clearly state the intent to opt out.

To the extent permitted by law, a claim arising from the Platform or Services must be brought within one year after the claimant knew or reasonably should have known of the basis for the claim. Any longer non-waivable statutory period controls where required.

Except where expressly agreed otherwise, use of Brandism does not create a partnership, employment, fiduciary or joint-venture relationship.

You may not assign these Terms without Brandism's consent except in connection with an approved corporate reorganization that does not materially impair Brandism's rights. Brandism may assign these Terms in connection with a merger, acquisition, financing, restructuring or sale of the applicable business or assets.

Except where expressly stated, these Terms create no rights in third parties.

If a provision is unenforceable, it will be limited or severed to the minimum extent necessary and the remainder remains effective.

Failure to enforce a provision is not a waiver of future enforcement.

These Terms, applicable supplemental terms, transaction confirmations and incorporated policies form the agreement concerning the applicable Platform use or service.

In case of conflict, the order is generally: (1) a mutually signed transaction-specific agreement; (2) applicable escrow, financing or service-specific terms for matters within their scope; (3) an applicable Program or Portfolio Partner schedule; (4) these Terms; and (5) general Platform descriptions.

Where Brandism provides translations, the English version controls to the extent permitted by law.

Payment obligations, intellectual-property provisions, post-transfer responsibilities, indemnification, liability limitations, dispute provisions and other provisions that logically survive will remain effective after termination or completion.

Brandism

Brandism, Inc.;
[LEGAL ADDRESS];
General Support: support@brandism.com;
Legal / Trademark Claims: legal@brandism.com;
DMCA: dmca@brandism.com;
Telephone: [PHONE]