Terms of Service

These Terms of Service ("Terms") govern your access to and use of brainjar.net and the services provided by Brain Jar LLC ("Brain Jar," "we," "us," or "our"). By visiting our website, submitting a contact or consultation form, opting into text messages, or engaging us for services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access our website or engage our services.

You agree to use our website only for lawful purposes and in accordance with these Terms. You agree not to:

• Lawful Conduct: Engage in any conduct that violates applicable federal, state, or local laws or regulations.
• Unauthorized Access: Attempt to gain unauthorized access to our servers, client dashboards, databases, or systems.
• System Interference: Interfere with website security measures, introduce malicious code or viruses, scrape data, or transmit automated denial-of-service requests.

Brain Jar LLC provides digital agency and marketing automation solutions, including:

• Web Development: Custom website design, development, maintenance, and technical optimization.
• Digital Marketing: Search engine optimization (SEO), paid search and social ad management, and campaign analytics.
• Marketing & Admissions Automation: Automated lead triage, missed-call text-back workflows, CRM integration, and customer journey orchestration.
• Strategic Consulting: Ongoing technical support, hosting coordination, and growth advisory as outlined in individual statements of work or service agreements.

Brain Jar LLC offers an SMS communication program to provide responsive customer support, lead follow-up, and consultation coordination. By providing your phone number and checking the consent box on our web forms, you agree to receive SMS text messages under the following terms:

Brain Jar SMS Program Terms & Conditions:

• Program Description: Our SMS program includes automated missed-call text-back responses, appointment scheduling confirmations, calendar reminders, consultation follow-ups, and direct client communication regarding requested services.
• Message Frequency: Message frequency varies based on your inquiry and appointment schedule (typically transactional in response to actions you initiate).
• Message and Data Rates: Message & data rates may apply depending on your mobile carrier plan and terms.
• How to Opt Out: You may opt out of SMS communications at any time. To stop receiving text messages, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message. You will receive a single confirmation message verifying your opt-out, and no further text messages will be sent.
• Customer Support / HELP: If you need assistance or have questions about our messaging program, reply HELP to any text message or contact us directly at Hmatthews@brainjar.net or (313) 850-9008.
• Carrier Disclaimer: Wireless carriers are not liable for delayed or undelivered messages. Mobile numbers and opt-in consent will not be sold or shared with third parties for promotional purposes.

When you contract Brain Jar LLC for services, you are responsible for providing accurate information, timely feedback, and necessary assets, copy, or credentials required to execute the agreed scope. You agree to safeguard any login credentials, administrative dashboards, or tools provided and notify us immediately of any suspected unauthorized access.

Service fees, deposit requirements, and payment schedules are specified in individual client proposals, statements of work, or invoices. Payments are due according to the schedule set forth in your agreement. Overdue invoices may result in the suspension of active work or hosting services. Third-party costs (including ad spend, domain registration, and specialized third-party software subscriptions) are billed separately unless explicitly included.

Brain Jar LLC retains all proprietary rights, copyright, and title to our pre-existing code libraries, proprietary frameworks, workflow templates, and design assets. Upon full payment of all contractual fees, the client receives ownership of the bespoke deliverables created specifically for the project, excluding third-party plugins, open-source software, licensed fonts, stock photography, and Brain Jar's underlying internal automation architectures.

Our website and services may incorporate or integrate with third-party tools, platforms, or services (including CRM providers, Google, Meta, payment processors, and telecommunication carriers). We do not control and are not responsible for the availability, terms, or operational policies of third-party providers. Your interactions with third-party platforms are governed by their respective terms of service.

Our website and services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. While we employ industry-standard practices, Brain Jar LLC does not guarantee specific revenue outcomes, search engine ranking positions, or advertising conversion rates. To the maximum extent permitted by applicable law, Brain Jar LLC and its members, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of our services or website.

You agree to defend, indemnify, and hold harmless Brain Jar LLC, its officers, employees, and agents against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your violation of these Terms, your misuse of the services, or any intellectual property infringement arising from materials provided by you.

We reserve the right to suspend or terminate your access to our website or services immediately, without prior notice, if you breach these Terms. Either party may terminate an ongoing services contract in accordance with the specific termination provisions set forth in the executed client agreement. Accrued payment obligations for work completed prior to termination remain fully due and payable.

We may update these Terms of Service periodically to reflect changes in our operational, legal, or carrier compliance requirements. Any revisions will be posted on this page with an updated effective date. Continued use of our site or services after changes are posted constitutes acceptance.