Terms of Use

Effective date: August 13, 2026

On This Page

1. Introduction

These Terms of Use ("Terms") govern your access to and use of brainjardev.com and the services provided by Brain Jar LLC ("Brain Jar," "we," "us," or "our"). By visiting our site, submitting a form, or engaging us for services, you agree to be bound by these Terms. If you do not agree, please do not use our site or services.

2. Use of Our Website

  • Use the site only for lawful purposes and in a way that does not infringe on the rights of others or restrict anyone else's use of the site.
  • Not attempt to gain unauthorized access to our systems, servers, or any client data or accounts.
  • Not interfere with the site's security or proper functioning, including through malware, scraping, or excessive automated requests.

3. Services We Provide

  • Website design, development, and ongoing maintenance for individual and business clients
  • Digital marketing campaigns, including paid advertising, SEO, and analytics
  • SMS and marketing automation, including our Pipeline Engine (PNQ)
  • Ongoing support, hosting coordination, and consulting services
  • Any additional services outlined in a signed proposal or client agreement

4. Client Accounts & Responsibilities

When you engage us for services, you're responsible for providing accurate information, timely feedback, and any content, assets, or access credentials needed to complete the work. You agree to use any accounts, dashboards, or tools we provide only for their intended purpose and to keep login credentials secure.

5. Payment & Fees

Fees for our services are outlined in your proposal, invoice, or client agreement, and are due according to the schedule specified at the time of engagement. Overdue balances may result in a pause of services. Ad spend, software subscriptions, and other third-party costs incurred on your behalf are billed separately unless otherwise agreed.

6. Intellectual Property

Unless otherwise agreed in writing, Brain Jar retains ownership of our proprietary tools, templates, and pre-existing materials used to deliver our services. Upon full payment, you receive ownership of the final deliverables created specifically for your project, with the exception of:

  • Third-party software, plugins, stock assets, or licensed fonts used in the build
  • Brain Jar's underlying frameworks, code libraries, and internal processes
  • Any content or materials you provided to us, which remain yours

7. Third-Party Services & Links

Our site and services may link to or integrate with third-party platforms, such as Google Ads, Meta Ads, hosting providers, and payment processors. We are not responsible for the content, policies, or practices of these third parties, and your use of them is subject to their own terms.

8. Disclaimers & Limitation of Liability

Our services are provided on an "as is" and "as available" basis. While we work carefully to deliver quality results, we do not guarantee specific business outcomes, search rankings, or advertising performance. To the fullest extent permitted by law, Brain Jar is not liable for indirect, incidental, or consequential damages arising from your use of our site or services.

9. Indemnification

You agree to indemnify and hold Brain Jar harmless from any claims, damages, or expenses arising from your misuse of our services, violation of these Terms, or infringement of any third-party rights through content or instructions you provide to us.

10. Termination

We may suspend or terminate access to our site or services if these Terms are violated. Either party may end a services engagement according to the terms of the applicable client agreement; fees for work completed up to that point remain due.

11. Changes to These Terms

We may update these Terms of Use from time to time. Changes will be posted on this page with an updated effective date, and continued use of our site or services after changes take effect constitutes acceptance of the revised Terms.

12. Contact Us

Questions about these Terms of Use? Reach out:

Brain Jar LLC — Detroit, MI
Email: Hmatthews@brainjar.net
Phone: 313.850.9008