Terms of Service

1. Overview and Acceptance

These Terms of Service ("Terms") govern your use of Brandkept, operated by Brandkept LLC, a California limited liability company ("Company," "we," "our," "us"). By creating an account or using any part of the Brandkept platform located at brandkept.com, you agree to be bound by these Terms in their entirety. If you do not agree, do not create an account or use the service.

These Terms form a binding legal agreement between you and Brandkept. You must read them carefully. By accepting these Terms you also agree to our Privacy Policy and Cookie Policy.

2. Description of Service

Brandkept is compliance management software designed to assist parents and legal guardians of child and teen content creators. The service provides organizational tools including, but not limited to:

• Multi-platform creator income tracking and aggregation
• Coogan law trust set-aside requirement check — showing applicable state laws, income thresholds, and trigger conditions (based on publicly available state law data)
• Brand deal management and record-keeping
• Tax document organization and storage
• Compliance status tracking and reminders

The service is provided for organizational and informational purposes only. Brandkept is not a law firm, accounting firm, financial advisor, or tax preparer. The service does not file documents, submit deposits, sign contracts, or perform any legally binding act on your behalf.

3. Not Legal, Tax, or Financial Advice

Coogan requirement checks show applicable state laws and trigger conditions based on publicly available state law data at the time of the check. State laws change frequently and without notice. You are solely responsible for verifying current requirements with a qualified entertainment attorney or CPA before making any deposits, filings, or financial decisions.

Brandkept does not create an attorney-client relationship, accountant-client relationship, or any other professional-client relationship with any user. No communication through Brandkept constitutes professional advice of any kind.

Brand deals involving minors have complex legal requirements that vary by state. Minor contracts may be voidable under California Family Code § 6710 and similar laws. Brandkept helps you track and manage deals but does not provide legal advice or contract review. Always have a licensed entertainment attorney review any contract before signing.

4. Eligibility

Brandkept accounts may only be created and maintained by parents or legal guardians of minor content creators. You must be at least 18 years of age to create an account. By creating an account, you represent and warrant that:

• You are at least 18 years of age
• You are the parent or legal guardian of any child whose information you enter into the platform
• You have the legal authority to enter into this agreement
• You will use the service in compliance with all applicable federal and state laws
• The information you provide is accurate and truthful

Brandkept is intended for use by parents and guardians in the United States. International availability may be limited. If you access the service from outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws.

5. Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Notifying us immediately at support@brandkept.com of any unauthorized use
• Keeping your contact information accurate and current
• The accuracy of all data you enter, including child information and income records

Accounts are personal and non-transferable. You may not share your account credentials with any third party.

6. Subscription and Trial

Brandkept offers a permanent Free tier at no cost with limited features. Paid subscription plans (Starter, Pro, Family Business, Agency) offer a 14-day free trial. A payment method is required at sign-up when starting a paid trial, but you will not be charged until the 14-day trial ends. At the end of the trial period, continued access to paid features requires an active paid subscription.

Paid subscriptions automatically renew on your billing date — monthly or annually, based on the billing period you selected at signup. By providing payment information, you authorize Brandkept to charge your payment method for the recurring subscription fee until you cancel.

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. You will retain access to paid features through the end of your paid period.

7. Payment Terms

All payments are processed by Stripe, Inc., a third-party payment processor. Brandkept does not store your full payment card information. Your use of Stripe is subject to Stripe's own terms of service and privacy policy.

All fees are in U.S. dollars and are exclusive of applicable taxes. You are responsible for all taxes, levies, or duties imposed by taxing authorities related to your subscription.

Refund policy: Refunds may be issued at our discretion for documented technical failures that prevented access to the service or for other exceptional circumstances. Contact support@brandkept.com within 14 days of your billing date to request a refund review.

We reserve the right to modify our pricing at any time. We will provide at least 30 days' notice of any price increases via email to the address on your account.

8. Children's Data and Parental Consent

Children under the age of 13 may not create Brandkept accounts. All child data in Brandkept is entered by and belongs to the parent or legal guardian account holder.

By adding a child's information to your account, you:

• Confirm you are the parent or legal guardian of that child
• Consent to Brandkept collecting and processing your child's information for compliance management purposes by checking a confirmation during the add-child flow
• Accept responsibility as the data controller for your child's information within the platform
• Agree that Brandkept acts as a data processor on your behalf for your child's information

Parents are the account holders and data controllers for all children's information. Brandkept processes this data only as instructed and only for the purposes described in our Privacy Policy. We do not sell children's data to any third party. We do not use children's data for advertising or marketing purposes.

For children ages 13–17, parental consent is required at account setup. Teens do not have a separate login or account. Parents retain full control and visibility over all teen data in the platform.

You may request review, correction, or deletion of your child's data at any time. See our Privacy Policy for details on how to exercise these rights.

9. Prohibited Uses

You agree not to use Brandkept to:

• Enter false, misleading, or inaccurate information about yourself or any child
• Access or manage data for a child who is not your legal dependent or ward
• Violate any applicable federal, state, or local law or regulation
• Attempt to reverse engineer, scrape, or extract the underlying data or algorithms of the service
• Share access credentials with unauthorized parties
• Use the service for any purpose that constitutes the unauthorized practice of law
• Resell, sublicense, or white-label the service without written authorization
• Interfere with or disrupt the integrity or performance of the service
• Circumvent any security or access control measures
• Use the service in any manner that could harm, exploit, or endanger minors

10. Intellectual Property

All content, features, functionality, software, text, graphics, logos, and other materials comprising Brandkept are the exclusive property of Brandkept or its licensors and are protected by applicable intellectual property laws.

You retain ownership of all data you enter into Brandkept. By entering data, you grant Brandkept a limited, non-exclusive license to process and store that data solely for the purpose of providing the service to you.

You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or exploit any portion of Brandkept without our prior written consent.

11. Data Handling and Privacy

Your use of Brandkept is subject to our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, and protect your information and your children's information.

We implement industry-standard security practices including encryption at rest, encryption in transit (TLS 1.2+), row-level security, and audit logging. Our infrastructure providers (Supabase, Vercel, Stripe) are SOC 2 Type II certified.

Platform OAuth tokens (used to connect creator platform accounts) are encrypted using AES-256-GCM. YouTube, TikTok, and Twitch tokens are used to retrieve creator income data on your behalf. Instagram tokens are used only to verify account ownership — Instagram does not provide a creator income API, so income must be entered manually.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRANDKEPT DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranty that the service will be uninterrupted, error-free, or free of viruses or other harmful components
• Any warranty regarding the accuracy, completeness, or timeliness of Coogan requirement checks or state law information
• Any warranty that the service will meet your specific compliance requirements

State-specific Coogan law calculations are based on publicly available information and are provided for organizational reference only. Laws change. Do not rely on Brandkept calculations as legal compliance without attorney verification.

Nothing in this section limits any warranty or right that is non-waivable under the consumer protection laws of your state of residence.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRANDKEPT, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO:

• Errors in Coogan law calculations
• Missed compliance deadlines
• Fines, penalties, or legal liability arising from reliance on Brandkept information
• Loss of data or unauthorized access to your data
• Any action taken or not taken based on information in the service

Brandkept's total cumulative liability for any claim arising from or related to the service shall not exceed the greater of (a) the total amount you paid to Brandkept in the 12 months immediately preceding the event giving rise to the claim, or (b) one hundred dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

14. Indemnification

You agree to defend, indemnify, and hold harmless Brandkept, its members, managers, employees, agents, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of or inability to use the service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Any inaccurate information you provided
• Any claim by a third party related to your use of the service

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Any dispute arising from these Terms or your use of the service shall be resolved through binding arbitration administered by JAMS under its Streamlined Arbitration Rules, or by American Arbitration Association under its Consumer Arbitration Rules for claims under $10,000, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction for claims involving intellectual property or unauthorized access.

You waive your right to a jury trial and your right to participate in any class action lawsuit relating to the service, except where such waiver would be unenforceable under applicable law relating to the protection of minors.

16. Termination

You may terminate your account at any time from your account settings or by emailing support@brandkept.com. Upon termination, your right to use the service ceases immediately.

Brandkept may suspend or terminate your account at any time, with or without notice, for conduct that we reasonably believe violates these Terms, applicable law, or is harmful to other users, the service, or third parties.

Upon termination, we will delete your data in accordance with our data retention policy described in the Privacy Policy. Certain provisions of these Terms — including Sections 3, 12, 13, 14, and 15 — survive termination.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. For material changes, we will provide at least 30 days' advance notice via email to the address on your account. Non-material changes (such as clarifications or typographical corrections) may be made without notice.

Your continued use of Brandkept after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must cancel your account before the effective date.

We maintain a version history of these Terms. Previous versions are available upon request.

18. Contact Information

Questions about these Terms of Service: