Terms of Service

These Terms of Service ("Terms") govern access to and use of Braxus websites, software, dashboards, integrations, AI-enabled features, marketing services, managed services, and related offerings provided by Broken Wake Publishing, LLC, doing business as Braxus ("Braxus," "we," "us," or "our").

If you enter into a proposal, order form, statement of work, subscription, or other written agreement with us, that agreement controls to the extent it conflicts with these Terms.

1. Eligibility and Accounts

You must be legally capable of entering into a binding agreement. If you use Braxus for a business or organization, you represent that you have authority to bind it. You are responsible for safeguarding account credentials and activity occurring through your account.

2. Services

Braxus may provide local SEO, AI search visibility, reputation management, advertising, social marketing, email and SMS marketing, websites, CRM and automation, AI-enabled communications, lead capture, analytics, reporting, and related services. Scope, pricing, timelines, and deliverables may be governed by a separate agreement.

3. Connected Accounts and Third-Party Platforms

Some Services require authorization to Meta/Facebook/Instagram, Google, advertising networks, analytics providers, social networks, CRMs, scheduling tools, or other applications. You authorize Braxus to access and use connected accounts only as reasonably necessary to provide the requested Services and according to the permissions you grant.

You remain responsible for third-party account requirements and platform terms. Braxus does not control platform availability, approvals, suspensions, API changes, advertising review decisions, search rankings, or platform enforcement actions.

4. Client Data and Permissions

You retain ownership of data, content, trademarks, business information, customer information, and materials you provide ("Client Data"). You grant Braxus and its service providers a limited license to process Client Data as necessary to provide, secure, support, and improve the Services.

You represent that you have all rights, permissions, notices, and consents required for Client Data and for any contacts, audiences, phone numbers, email addresses, reviews, images, advertising assets, or connected accounts you ask us to use.

5. Acceptable Use

You may not use Braxus to violate law, third-party rights, or platform policies; send unlawful or unauthorized communications; misrepresent identity or advertising claims; interfere with security; process data without required authority or consent; or reverse engineer, copy, resell, or exploit Braxus technology except as expressly authorized in writing.

6. Marketing Compliance

If you use Braxus to contact leads or customers, you are responsible for required consent and compliance with applicable email, SMS, calling, advertising, and privacy laws. We may suspend campaigns or workflows that we reasonably believe create legal, carrier, platform, security, or abuse risk.

7. Fees and Payment

Fees, billing cadence, media budgets, setup costs, subscription terms, and cancellation rights are governed by the applicable proposal, order form, invoice, or written agreement. Unless otherwise stated, media spend, third-party platform fees, taxes, and pass-through costs are separate.

8. Intellectual Property

Braxus and its licensors retain all rights in software, systems, methods, templates, processes, designs, documentation, branding, know-how, and other pre-existing or reusable intellectual property. Any client-specific ownership rights may be addressed in a separate written agreement.

9. AI-Enabled Services

Some Braxus Services use artificial intelligence or automated systems to generate, analyze, classify, summarize, recommend, respond, or assist with business workflows. AI output may be incomplete or inaccurate. You are responsible for appropriate human review and decisions made using AI-assisted output.

10. Results and Third-Party Dependencies

Search, advertising, reputation, AI visibility, lead generation, conversion, and business results depend on many factors outside Braxus's control. Unless expressly guaranteed in a signed written agreement, Braxus does not guarantee rankings, leads, revenue, advertising performance, platform approval, AI citations, or other specific results.

11. Privacy

Our Privacy Policy describes how we process personal information. Our Cookie Policy explains our use of cookies and similar technologies.

12. Confidentiality

Each party may receive non-public information from the other. The receiving party will use reasonable care to protect confidential information and use it only for purposes related to the parties' relationship, except where disclosure is authorized or legally required.

13. Suspension and Termination

We may suspend or restrict access when reasonably necessary to protect the Services, comply with law or platform requirements, address security concerns, prevent abuse, or respond to nonpayment. Cancellation and termination rights for paid Services are governed by the applicable written agreement.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." BRAXUS DISCLAIMS WARRANTIES NOT EXPRESSLY STATED IN A WRITTEN AGREEMENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAXUS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITIES. EXCEPT FOR AMOUNTS THAT CANNOT LEGALLY BE LIMITED, OUR AGGREGATE LIABILITY ARISING FROM THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

16. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Braxus, Broken Wake Publishing, LLC, and their officers, employees, contractors, and affiliates from third-party claims arising from your Client Data, unlawful use of the Services, violation of these Terms, or violation of third-party rights.

17. Governing Law

These Terms are governed by Georgia law, without regard to conflict-of-law rules. Unless another written agreement states otherwise, disputes will be brought in the state or federal courts located in Fulton County, Georgia.

18. Changes

We may update these Terms from time to time. The "Last updated" date above identifies the current version.

19. Contact

Braxus by Broken Wake Publishing, LLC
730 Peachtree Street NE, #570
Atlanta, GA 30308
[email protected]