Terms of Service

Last Updated: July 21, 2025

THESE TERMS OF SERVICE (THESE “TERMS”) ARE BETWEEN BRANDI AI, LLC (“BRANDI”, “WE”, “US”, OR “OUR”), AND THE USER OR SUBSCRIBER OF THE SERVICES AS IDENTIFIED IN THE ORDER (“CUSTOMER”, “YOU” OR “YOUR”). THE TERM “PERSON” SHALL INCLUDE ANY INDIVIDUAL, CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, UNINCORPORATED ORGANIZATION, OR OTHER LEGAL ENTITY OR ORGANIZATION. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE BRANDI PLATFORM, BRANDI CONTENT, OR SERVICES.

THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SERVICES, AND ANY CONTENT, FUNCTIONALITY, AND SERVICES OFFERED ON OR THROUGH THE BRANDI™ PLATFORM, AS SET FORTH IN AN ORDER FORM, CHECKOUT PAGE, OR OTHER ORDERING DOCUMENT THAT DESCRIBES THE SERVICES INCLUDED IN YOUR SUBSCRIPTION, THE SUBSCRIPTION TERM, AND ANY OTHER TERMS AND CONDITIONS APPLICABLE TO SUCH ORDER (EACH AN “ORDER”). THESE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BRANDI, AND YOUR ACCEPTANCE OF THESE TERMS IS REQUIRED FOR YOUR USE OF THE SERVICES.

1. Services

1.1. The services consist of BRANDI’s proprietary software-as-a-service platform available at https://mybrandi.ai (the “Brandi Platform”), that includes features and tools (i) for the measurement, monitoring, tracking and analysis of the influence of your brands across online generative engines; (ii) that provide directional advice and recommendations for how to enhance and improve brand influence across generative engines; (iii) that provides insight and analysis into how audiences are talking about markets, solutions, pain points and products, enables the intelligent generation of prompts through the use of artificial intelligence (“AI Prompts”), and the input of manual prompts by Users (“User Prompts”, and together with AI Prompts (“Prompts”)); and (iv) other features, tools, functions, and services as may be specified in the Order (collectively (i) – (iv) the “Services”).

1.2. In order to access and use the Brandi Platform and Services, you must purchase subscription by executing an Order for the applicable Services.

1.3. From time to time, we may make available to you certain additional features, functionalities, and versions of the Services identified as beta versions, or provided to on a free-trial basis, for a specified period (“Free Services”). You acknowledge and agree that your access to and use of Free Versions is at your own risk, that Free Services are provided “as is” and “as available”, and Free Services may contain bugs, errors, defects, or other issues. We make no warranties, express or implied, regarding the performance, security, availability, or functionality of the Free Services, and we hereby expressly disclaim all warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Your use of Free Services is voluntary, and you may terminate your use of any Free Services at any time. You acknowledge that we are under no obligation to provide any updates to, or correct any defects in, the Free Services, nor release a generally available version of the Free Services, and that we reserve the right to modify, suspend, or terminate access to the Free Services at any time without notice. All Free Services are our Confidential Information.

1.4. We reserve the right to update, upgrade, modify, enhance, and release patches for the Brandi Platform, Services and/or Brandi Content (“Updates”), from time to time, in our sole discretion. All Updates that we make generally available to our customers without additional charge are included in the Subscription Fees for the Services included in your Order. Any information contained in any product roadmap or development plan is for informational purposes only and does not constitute a commitment or obligation on the part of BRANDI to deliver any such features or functionality. You acknowledge and agree that your purchases are not contingent on the delivery of any future functionality or features.

1.5. We reserve the right at any time, and from time to time, to discontinue temporarily or permanently the Brandi Platform, Brandi Content, or Services (or any feature or part thereof). If we modify or discontinue the Brandi Platform, Brandi Content, or Services in a manner which removes or disables a feature or functionality on which you, acting reasonably, materially rely, we, at your request, will use reasonable efforts to substantially restore or substitute such functionality. If we are unable to do so with reasonable effort, you shall have the right to terminate the affected Services and receive a pro-rata refund of prepaid Subscription Fees paid for the terminated Services for the terminated portion of the Subscription Term. This termination right will expire thirty (30) days from the date we provide notice to you that we are unable to substantially restore or substitute the functionality. You acknowledge that we reserve the right to discontinue offering the Services and Brandi Platform, in whole or in part, at the conclusion of your then-current Subscription Term.

2. Term

2.1. The initial term of these Terms will commence on the date that you sign or otherwise agree to the Order and will continue for the initial term of your subscription to the Services as specified in the Order (the “Initial Subscription Term”). Thereafter, unless agreed in an Order, these Terms and the Order will automatically renew for successive periods of twelve (12) months, or such other renewal period set forth in the Order (each a “Renewal Term” and together with the Initial Subscription Term, the “Subscription Term”), unless either party terminates earlier in accordance with these Terms, or either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current Subscription Term.

3. User Registration and Accounts

3.1. You, and your authorized employees and contractors to whom you provide access to the Services (each a “User”) must register for and create an account in order to access and use the Services.

3.2. By creating an account, you and each User agree to: (i) provide and maintain accurate, current, and complete account information; (ii) maintain the confidentiality and security of your account, including not sharing account credentials or account with any other Person; (iii) not make available the Services to any other Person; (iv) not access or use the Services for any unlawful purpose or to violate the rights of other Persons; and (v) immediately notify BRANDI if you become aware of, or otherwise reasonably suspect, any security breaches related to your account or the Services. 3.3. We reserve the right, in our sole discretion, to immediately suspend access to the Brandi Platform, Brandi Content, and Services if we determine that you or any User have breached Section 3.2, or otherwise are using the Services or Brandi Content in violation of these Terms.

4. Fees and Payment Terms

4.1. You agree to pay (i) the fees for the Services included in your subscription as set forth in the Order for the duration of the Subscription Term (the “Subscription Fees”); and (ii) any other fees set forth in the Order (such as one-time fees) (collectively the “Fees”). The specific Fees and payment schedule will be described in each Order.

4.2. All Fees are exclusive of any sales, use, value-added, GST or similar taxes applicable to your purchase of the Services (“Taxes”). You are solely responsible for the payment of all Taxes, excluding taxes on BRANDI’s income. If a specific jurisdiction requires us to collect and remit any Taxes on your behalf, such Taxes will be specified in the applicable invoice. If you are required to deduct or withhold any Tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment of the Fees in full as if there were no deduction or withholding.

4.3. Payment shall be made in United States dollars (USD) and is due within thirty (30) days of the invoice date. Subscription Fees are due in advance and are non- refundable, except as otherwise expressly set forth in these Terms or the Order. Late payments may incur interest at the rate of 1.5% per month, or the maximum rate permitted by applicable law, whichever is lower. Failure to make timely payments may result in the suspension or termination of your account.

4.4. Except as otherwise agreed in an Order, we reserve the right to modify the Fees and payment terms at any time by providing thirty (30) days’ prior written notice to you. Any changes to the Fees will not affect any Fees charged prior to the effective date of the change.

4.5. If you exceed a Usage Limit, you will execute an Order for additional quantities of the applicable Services and Brandi Content promptly upon our request, and/or pay any invoice for excess usage in accordance with this Section 4.

5. License Grant; Restrictions

5.1. Subject to your compliance with these Terms, including without limitation, payment of Subscription Fees, during the Subscription Term, we grant you a limited, non- exclusive, non-transferable, non-assignable, revocable license to access and use the Services and Brandi Content in accordance with these Terms, the Order, and the applicable documentation we provide or make available to our customers in connection with the Services and Brandi Content (“Documentation”), and within the limits of your subscription as set forth in the Order (“Usage Limit(s)”), for your internal business purposes only. The Services are licensed on a subscription basis, are not sold, and you do not acquire any license or right in or to the Services or Brandi Content in excess of the scope and duration expressly stated in this Section 5.1.

5.2. You may not, and may not authorize any other Person to (i) make the Brandi Platform, or any Services or Brandi Content available to anyone other than you or Users, or use any Service or Brandi Content for the benefit of anyone other than you or your affiliates, unless expressly permitted otherwise in an Order or the Documentation, (ii) sell, resell, license, sublicense, distribute, rent or lease any Services or Brandi Content, or include any Services or Brandi Content in a service bureau or outsourcing offering, (iii) use the Services or Third Party Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (iv) use a Service or Third Party Service to store or transmit any virus, trojan horse, or other disabling or malicious code, (v) interfere with or disrupt the integrity or performance of any Service or data contained therein, (vi) attempt to gain unauthorized access to the Brandi Platform, or any Service or Brandi Content or its related systems or networks, (vii) permit direct or indirect access to or use of any Services or Brandi Content in a way that circumvents a Usage Limit, or use any Services to access, copy or use any BRANDI intellectual property except as permitted under these Terms, an Order, or the Documentation, (viii) modify, copy, or create derivative works of the Brandi Platform, Services, Brandi Content or any part, feature, function or user interface thereof, (ix) copy Brandi Content except as permitted herein or in an Order or the Documentation, (x) frame or mirror any part of any Services or Brandi Content, (xi) except to the extent permitted by applicable law, disassemble, reverse engineer, or decompile a Service or Brandi Content or access it to (a) build a competitive product or service, (b) build a product or service using similar ideas, features, functions or graphics of the Services, (c) copy any ideas, features, functions or graphics of the Services, or (d) determine whether the Services are within the scope of any patent; or (xii) remove or obscure any proprietary or copyright notices in the Brandi Platform, Services or Brandi Content.

5.3. You are solely responsible for procuring, maintaining, upgrading, securing, backing- up and repairing, at your own expense, (i) all hardware, desktops & desktop environments, mobile devices, Third Party Services, applications, tools, plug-ins, add- ins, integrations and software (excluding that licensed under an Order); communication equipment, access service, access lines, Internet connectivity, Your Content, and the general internal information systems operating environment external to the Services (the “Your IT Systems”) and (ii) except as otherwise expressly provided herein, Your Content. You acknowledge that the operation, speed, and performance of the Brandi Platform and Services can be adversely affected by the operating characteristics and defects in and compatibility of Your IT Systems, and agree that we are not responsible for any degradation or interruption in operation caused by Your IT Systems.

6. Data Collection and Use; Data Security

6.1. As between you and BRANDI, all data (including personal data), files, graphics, images, text, videos, websites, domain names, trademarks, logos, branding, or other content submitted by or through you or your Users to or through the Services, including Your Prompts (“Your Content”) will remain your property. You have sole responsibility for ensuring the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Your Content. While we do not actively monitor Your Content uploaded to the Services, we may remove any of Your Content that we reasonably determine violates these Terms, applicable law or a third party’s rights, in our sole discretion, with or without notice to you.

6.2. You may not upload, transmit, transfer or process any personal data or sensitive data in connection with your use of the Brandi Platform, Services, or Brandi Content without our prior written consent.

6.3. We may, in the course of providing the Services, compile and use data and information collected, derived, or otherwise generated from your access to the Brandi Platform, and your Users’ use of the Services and Brandi Content for our business purposes, provided that, such data has been anonymized or de-identified, and aggregated in a manner designed to prevent the identification of you or your Users (“Aggregated Data”). Such Aggregated Data will be the sole property of BRANDI.

6.4. During the term of these Terms we will implement and maintain commercially appropriate technical and organizational security measures designed to protect the integrity, confidentiality and security of Your Content against unauthorized disclosure and/or access by unauthorized third-parties while Your Content is in our possession or control.

6.5. We agree to comply with these Terms and all laws and regulations applicable to us in our handling and processing of Your Content.

7. Intellectual Property Rights

7.1. You hereby grant BRANDI, and its affiliates and subcontractors, a non-exclusive, non- transferable (except as permitted in Section 17.3), license to use, copy, store, access, transmit and display Your Content to the extent necessary to provide, maintain, test, and enhance the Services and Brandi Content.

7.2. All right, title and interest in and to the Brandi Platform, Services, Brandi Content, Documentation, deliverables, work product, our trademarks, logos, product names, service names, copyrights, trade names, branding, websites, domain names, and Aggregated Data, all derivative works thereof, and all intellectual property rights therein, is owned and retained exclusively by Gabriel Marketing Group, LLC and its affiliates. “Brandi Content” means outputs, results, AI Prompts, reports, analyses, words, images, data, phrases, documentation, information, materials, and other content and works of authorship created or generated by us or our licensors, or the Services, at any time, including without limitation, as a result of your use of the Brandi Platform or Services. Due to the nature of AI technology, we cannot and do not guarantee the accuracy or completeness of the Brandi Content, output may not be unique across customers, and the Services may generate the same or similar results across customers. It is your responsibility to review all Brandi Content for suitability prior to your use of Brandi Content. We are not liable for your use of or reliance upon Brandi Content, or any other content created or generated by the Services.

7.3. You and your Users may provide information or input to us regarding the Services, our other products and services, the Brandi Content, and/or the Documentation, including without limitation changes or suggested changes to current or future products and services (“Feedback”). As between you and BRANDI, we exclusively own and retain all right, title, and interest in and to the Feedback, and may use it for any business purpose without compensation or attribution to you.

7.4. If we receive notice that Your Content infringes on any third-party intellectual property rights, we may, in our sole reasonable discretion and after providing a reasonable opportunity to cure, disable or otherwise limit your access to and use of the Services in accordance with applicable intellectual property law, including but not limited to, the United States Digital Millenium Copyright Act, the text of which can be found at: Public Law 1-5-204: Digital Millennium Copyright Act.

8. Confidentiality

8.1. During the term of the Terms and for a period of five (5) years thereafter, both BRANDI and you agree to hold in strict confidence and not disclose to any third party any proprietary and/or confidential information, trade secrets, know-how, materials, and documentation, disclosed by one party (the “Discloser”), whether directly or indirectly, to the other party (the “Recipient”) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (“Confidential Information”). This includes, but is not limited to, the terms of these Terms and any Order, pricing, business plans, financial information, plans and projections, specifications, and regulatory matters. The Brandi Platform, Services, Brandi Content, and Documentation are the Confidential Information of BRANDI, and Your Content is your Confidential Information.

8.2. Notwithstanding the foregoing, Confidential Information does not include information that: (i) is or becomes publicly known through no fault of the Recipient; (ii) is already in the Recipient’s possession without confidentiality restrictions at the time of disclosure by the Discloser; (iii) is obtained by the Recipient from a third party without breach of any confidentiality obligation; or (iv) is independently developed by the Recipient without use of or reference to the Discloser’s Confidential Information.

8.3. Recipient agrees to use Confidential Information solely in connection with the performance of its obligations under these Terms, and not for any other purpose. Recipient may not disclose Discloser’s confidential information to any other Person, except that, a party may disclose Confidential Information to its employees, officers, directors, contractors, and legal representatives who have a need to know such information in connection with such party’s obligations hereunder, and who are bound by written obligations of confidentiality at least as restrictive as those contained in this Agreement (“Representatives”). Recipient is responsible for its Representatives’ compliance with this Agreement, and for the acts and omissions of its Representatives. Recipient shall use reasonable measures to protect the secrecy of, and avoid disclosure and unauthorized use of, Discloser’s Confidential Information, which shall not be less stringent than the measures it uses to protect its own confidential information of a similar nature, but in no event less than a reasonable degree of care.

8.4. If Recipient is legally compelled to disclose any Confidential Information of the Discloser, Recipient shall provide Discloser with prompt notice so that Discloser may seek a protective order or other appropriate remedy. If such protective order or other remedy is not obtained, or Discloser waives compliance with the provisions hereof, Recipient may furnish only that portion of the Confidential Information which it is legally required to disclose and shall use reasonable efforts to obtain reliable assurance that confidential treatment will be accorded the Confidential Information.

8.5. Each party retains the right to seek injunctive or other equitable relief from any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights, or actual or threatened breach of confidentiality.

9. Warranties; Disclaimer

9.1. We warrant to you that we will use commercially reasonable efforts to ensure the Services operate in substantial conformance with the descriptions and specifications set forth in the Order and Documentation during the Subscription Term. For any breach of the foregoing warranty, we will use commercially reasonable efforts to remedy the error or provide a workaround. If we are unable to remedy the error or provide a workaround within a reasonable time period, you may terminate the Order for the affected Services and receive a pro-rata refund of any prepaid Subscription Fees for the terminated portion of the Subscription Term. The foregoing represents your sole remedy, and our sole liability, for any breach of warranty in this Section 9.2.

9.2. You represent and warrant to us that you have, or will obtain, all necessary rights, licenses, and consents to provide Your Content to us for the purposes described herein.

9.3. EXCEPT FOR THE EXPRESS WARRANTIES IN SECTIONS 9.1 AND 9.2, WE HEREBY EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES OR BRANDI CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES.

10.Indemnification

10.1. You agree to indemnify, defend, and hold harmless BRANDI and its affiliates and licensors (including their members, officers, directors, managers, employees, agents, successors, and permitted assigns, from and against any damages, liabilities, losses, judgments, awards, penalties, fines, and any related costs and expenses (including reasonable attorney’s fees, arising from or relating to a third-party claim, suite or action related to Your Content or your use of the Brandi Platform, Services or Brandi Content, except to the extent, such claim is based on our negligence or breach of these Terms.

11. Limitation of Liability

11.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OUR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE BRANDI PLATFORM, SERVICES, DOCUMENTATION, OR BRANDI CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR WHETHER SUCH DAMAGES WERE FORESEEABLE.

11.2. WITHOUT LIMITING THE FOREGOING, OUR TOTAL LIABILITY FOR ANY AND ALL CLAIMS AND DAMAGES UNDER THIS AGREEMENT SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT OF FEES PAID BY YOU TO US FOR THE SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR LIABILITY. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 11 WILL APPLY EVEN IF ANOTHER REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE.

12. Term and Termination

12.1. These Terms and any Order(s) may be terminated by either party if the other party breaches any material provision of the Terms or Order and fails to cure such breach within thirty (30) days after receiving written notice of the breach. Notwithstanding the foregoing, we may terminate any Order and these Terms immediately upon written notice to you if you or your Users uses the Service for any purpose that is unlawful or prohibited by these Terms, or if you or your Users engage in any activity that could damage, disable, overburden, or impair the Services, or any part thereof, or interfere with any other party’s use and enjoyment of the Services or any part thereof.

12.2. Upon termination or expiration of this Agreement: (i) you and your Users must immediately cease all access to and use of the Services, Brandi Content, and Documentation and delete all copies of Brandi Content and Documentation in its and its Representatives’ possession or control; and (ii) each party must immediately cease all access to and us of the other party’s Confidential Information and, at the Discloser’s election, either return or delete all copies of the same in such party’s and its Representatives’ possession or control. Upon termination or expiration of these Terms, we will promptly delete all Your Content stored on our servers and we bear no responsibility or liability for the deletion or loss of such data or information. It is your responsibility to backup and/or retrieve Your Content prior to expiration or termination.

12.3. The following provisions and Sections shall survive any termination or expiration of these Terms: 4, 3.2.3, 3.2.4, 5.2, 5.3, 6.1, 6.3, 7, 8, 9.4, 10, 11, 12.2, 12.3, 13, 14, 15 and 17.

13. Third Party Services

13.1. If you choose to use the Services with third-party applications, addons, integrations, or other products or services licensed or provided by third parties (“Third Party Services”), you acknowledge and agree that your use of any Third Party Services is subject to the terms and conditions applicable to your use thereof, and not these Terms. We do not control or have any liability for your reliance on or use of any Third Party Services, including without limitation, security measures, performance obligations, or handling of Your Content. You acknowledge and agree that by enabling or otherwise using a Third Party Service in connection with your use of the Services and/or Brandi Content, you expressly consent to our sharing of Your Content and related data with the applicable third party provider as required for you to use the Services or Brandi Content with such Third Party Services.

14. Governing Law

14.1. These Terms, including any Orders, and any dispute or claim arising out of or in connection with the same shall be governed by and construed in accordance with the laws of the State of Virginia, without giving effect to any choice or conflict of law provision or rule. The United Nations Convention on Contracts for the International Sale of Goods, and the Uniform Computer Information Transactions Act will not apply to these Terms. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services provided hereunder shall be instituted exclusively in the applicable state and federal courts of the United States or the courts of the State of Virginia in each case located in the city of Richmond and County of Henrico. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Each party hereby waives its right to trial by jury in connection with any dispute or claim arising out or in connection with these Terms.

15. Changes to These Terms

15.1. We may, from time to time, in our sole discretion, update or modify these terms, and will post the updated version of these Terms on this page. Any such amendments or updates will be effective upon the posting of the revised Terms as indicated by the “Last Updated” date. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Services following the posting of any amendments or updates constitutes your acceptance of such changes.

16. Miscellaneous

16.1. Entire Agreement . With respect to the subject matter herein, these Terms, the terms of the Order, and any exhibits, addenda, schedules or supplemental terms attached hereto or incorporated by reference herein, constitute the complete and exclusive agreement of the parties, and supersedes and replaces all prior or contemporaneous agreements, proposals, statements, or representations, whether written or oral. Except as otherwise provided herein, no amendment to or modification of this Agreement will be effective unless in writing and signed by both parties.

16.2. Waiver . Any waivers must to these Terms must be in writing and signed by both parties, except as otherwise provided herein.

16.3. Assignment . Neither party may assign or transfer these Terms without the prior written consent of the other party, except that we may assign or transfer these Terms without consent to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all our assets to which these Terms relate.

16.4. Third Party Rights . Except in relation to the parties’ successors and permitted assignees, a Person who is not a party to these Terms has no right to enforce any term of these Terms.

16.5. Publicity. You consent to our disclosure of the fact that you are a paying customer of ours. During the term of these Terms, we may list or otherwise include your name, corporate branding and logo on our website and marketing materials.

16.6. Notices . All notices to BRANDI must be in writing and sent by certified or registered mail, return receipt requested, to: Gabriel Marketing Group, LLC ATTN: CEO 1765 Greensboro Station Place, Suite 900 McLean, VA 22102 With a mandatory electronic copy (which shall not constitute notice) emailed to: [email protected] Any notices or other communications provided by us under this Agreement will be given: (i) via email to your then current email on file in your account; or (ii) by posting to the Services.

16.7. Export Laws. You agree that you may not remove or export from the United States, or allow the export or re-export of, the Services or Brandi Content or anything related thereto in violation of any restrictions, laws, or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority.

16.8. Force Majeure . We shall not be liable for failure or delay of performance of our obligations resulting from any condition beyond our reasonable control, including but not limited to, third party equipment or services, communications failure, governmental action, war, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, trade disputes, power failures, and Internet disturbances.

16.9. Independent Contractors . The relationship between the parties is that of independent contractors. These Terms do not create any joint venture, partnership, agency, or employment relationship between the parties.

16.10. Severability. Each provision of these Terms will be considered severable such that if any one provision or clause conflicts with or may not be given full effect because of existing or future applicable law, this will not affect any other provision which can be given effect without the conflicting provision or clause.