Terms of Service

These Terms govern access to and use of Brandefend, a managed brand-protection service operated by CloudVolution Cía. Ltda. ("we", "us"). By using the website, the customer portal, or the service, you accept these Terms on behalf of yourself and the organization you represent. If a signed order form or master services agreement exists between us and your organization, that agreement prevails where it conflicts with these Terms.

1. The service

Brandefend monitors public sources and, where the customer installs it, its own login pages, to detect domains, websites, social media profiles, and mobile apps that impersonate the customer's brands. Our analysts validate detections; we then report confirmed fraud to browser and industry blocklists, request takedowns from registrars, hosting providers, and platforms, and follow each case until the fraudulent resource is offline or the request is exhausted. The service also includes exposure monitoring, email-authentication checks, reporting, and a customer portal. The scope for each customer (brands, domains, executives, number of takedowns, response times) is set in its order form.

2. Authorization to protect

The customer represents and warrants that it owns, or is authorized to protect, every brand, domain, trademark, and executive identity it asks us to monitor, and that it has obtained the written authorization of every executive it enrolls for impersonation monitoring. We may ask for proof and may decline or pause monitoring when authorization is unclear or disputed.

3. Takedown requests

We submit takedown and blocking requests on the customer's behalf, in good faith, and only after a human analyst has confirmed the fraud with evidence. Registrars, hosting providers, platforms, and blocklists act under their own policies; we cannot guarantee that any resource will be removed, or removed within a given time. Response-time targets in an order form describe our actions, not the actions of third parties. We do not take legal or judicial action on the customer's behalf; we provide the evidence so the customer can.

4. Customer responsibilities

The customer is responsible for:

• keeping its portal credentials and two-factor devices secure, and promptly removing users who leave;
• the accuracy of the brands, domains, and contacts it gives us;
• installing the in-session detection snippet according to our instructions, on pages it controls;
• informing its own users, where required, about the in-session detection snippet, which processes limited data described in our Privacy Policy;
• acting on alerts that need its decision.

5. Acceptable use

The customer must not use the service to target resources it has no right to protect, to file takedowns against legitimate competitors, critics, or parody, to harass anyone, or to violate the law. Our Responsible Monitoring Policy describes what we will and will not do, and how anyone affected by a takedown can dispute it.

6. Portal accounts

Portal accounts are personal. Organization administrators decide who has access and with what role. We may suspend an account that shows signs of compromise or misuse, and we will tell the organization's administrator.

7. Fees

Fees, billing terms, and taxes are set in the order form. We may suspend the service after notice if undisputed fees remain unpaid.

8. Confidentiality

Each party will protect the other's non-public information with at least reasonable care and use it only to perform or receive the service. Detections, evidence, and reports about a customer are that customer's confidential information, except that we may share the address of a fraudulent resource and its evidence with the parties that can stop it.

9. Data protection

Our Privacy Policy describes the personal data we process as controller. When we process personal data on the customer's behalf, our data processing agreement applies.

10. Intellectual property

We keep all rights in the platform, its software, methods, and documentation. The customer keeps all rights in its brands and materials and grants us the limited rights we need to provide the service, including the right to submit its brand materials as evidence in takedown requests. Reports and evidence we deliver may be used freely by the customer for its own purposes.

11. Availability and changes

We aim for the availability stated in the order form and monitor the service continuously, but we do not promise uninterrupted operation. We may improve or change features; we will not materially reduce a service the customer has paid for during its term.

12. Disclaimers

Brand protection reduces risk; it does not eliminate it. Except as expressly stated in an order form, the service is provided "as is", and we do not warrant that every impersonation or fraud will be detected.

13. Limitation of liability

To the extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Our total liability arising from the service in any 12-month period is limited to the fees the customer paid for the service in that period. These limits do not apply where the law forbids them.

14. Term and termination

The service runs for the term in the order form. Either party may terminate for material breach not cured within 30 days of written notice. On termination, we stop monitoring and, on request, deliver the customer's detections and evidence before deleting them according to our retention schedule.

15. Governing law

These Terms are governed by the laws of Ecuador, unless the order form says otherwise or mandatory law where the customer is established requires otherwise. Disputes will be submitted to the competent courts of Quito, Ecuador, unless the parties agree on arbitration.

16. Changes to these Terms

We may update these Terms. We will update the date at the top and notify customers of material changes at least 30 days in advance, except changes required by law.

17. Contact

CloudVolution Cía. Ltda., La Pradera, Quito, Ecuador — [email protected]