Terms of Service

Acceptance of Terms

By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use our services.

Definitions & Products

• "Brainito," "we," "us," "our" refers to Brainito INC (for clients in the United States and international clients) and Wockito Innovative Solutions Private Limited (for clients in India).
• "Client," "you," "your" refers to the individual or entity using our services.
• "Services" refers to the products offered by Brainito, including:

  • Remote Marketing Manager (RMM): A dedicated strategist managing your marketing execution and coordination, including strategy, campaign management, and analytics. Exact deliverables are defined in your signed proposal.
  • Consulting & Strategy Services: Strategic documents such as marketing plans, growth strategies, audits, and advisory reports provided for informational and strategic guidance.
  • Project-Based Services: Execution services for specific projects like websites, funnels, or campaigns, as defined in a separate agreement.

Account Registration & Security

To access certain features, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate and current information.

Service-Specific Terms

• Marketing & Strategy Services: When we are providing our marketing & strategy services, project implementation is governed by specific statements of work, and delivery timelines may be adjusted by mutual agreement. Results are not guaranteed unless specifically stated in your service agreement.
• Creative Management Operations: You are responsible for providing the necessary inputs (content, marketing material) to allow Brainito to perform its creative services. Brainito is not responsible for delays caused by the customer lacking these required inputs.
• Our Marketing Product/SaaS: Use of our marketing automation products (when applicable) is governed by separate End User License Agreements, and use of third-party platforms for any automation is governed by the respective third parties.

Intellectual Property

• Brainito retains all intellectual property rights to our proprietary technology, tools, methodologies, and materials provided to you under this agreement.
• Using our services does not grant you ownership of any of our intellectual property or the deliverables we produce unless otherwise agreed.
• Client Materials: You retain all rights to any materials or content you provide to us to perform our services (e.g. your logos, text content).

Client Responsibilities & Acceptable Use

You agree to provide necessary access, and comply with all applicable laws. You must not: use our services for illegal activities, spam, unauthorized data collection, or transmit harmful code. Treat our platform and teams with respect.

Intellectual Property

• Client Content: You retain ownership of all content, data, and materials you provide. You grant us a limited license to use this content solely to deliver our services.
• Brainito Materials: We retain ownership of all pre-existing tools, methodologies, and templates. Upon full payment, we grant you a license to use deliverables subject to the terms in this agreement.

Term & Termination

These terms remain in effect until terminated by either party. You may cancel your services with written notice as per our agreement (e.g., 30 days notice for Retainers). We reserve the right to suspend or terminate your access for violating these Terms.

Disclaimer of Warranties: Limitation of Liability

Our services are provided "as is." To the maximum extent permitted by law, we disclaim all warranties. We do not guarantee specific results. Brainito shall not be liable for indirect, incidental, or consequential damages. Our total liability is limited to the amount you paid for services in the six months prior to the event giving rise to the claim.

Governing Law & Dispute Resolution

• For clients contracting with Brainito INC (US): These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles.
• For clients contracting with Wockito Innovative Solutions Private Limited (India): These Terms are governed by the laws of India. All disputes will be subject to the exclusive jurisdiction of the courts in Ahmedabad, Gujarat.

General Provisions

If any part of these Terms is held unenforceable, the remaining provisions will remain in effect. These Terms constitute the entire agreement between you and Brainito regarding our services.

Contact Us

For questions about these Terms, please contact us at:

• Email: support@brainito.com
• India: +91 73836 91101
• United States: +1 442 289 2313