Terms of Service

BranStory — a product of Brandmerce, LLC

Effective Date: April 2026 Last Updated: April 2026

These Terms of Service (“Terms”) govern your access to and use of the BranStory platform (“BranStory,” “we,” “our,” or “us”), including the website at branstory.com and any associated web applications, APIs, and mobile applications (collectively, the “Platform”).

BranStory is a product of Brandmerce, LLC, a Florida limited liability company (“Brandmerce”). All agreements entered into under these Terms are with Brandmerce, LLC as the contracting entity.

By accessing or using the Platform — whether as a network operator, a member of an operator’s network, or a visitor — you agree to these Terms. If you do not agree, do not use the Platform.

1. Definitions

2. Who We Are

BranStory is the operating system for local community networks. The Platform is developed, owned, and operated by Brandmerce, LLC.

Registered address: Nocatee, Florida Contact: legal@brandmerce.com

3. Two Types of Relationships

3.1 Operators. If you are an organization or individual licensing BranStory to power your own community network, your relationship with Brandmerce is primarily governed by your Operator Agreement. These Terms apply as a baseline and the Operator Agreement controls in the event of any conflict. Operators are responsible for ensuring their Members comply with these Terms within their Network.

3.2 Members. If you are a resident, business, sponsor, or other end user who has joined an Operator’s Network, your primary relationship is with that Operator. Brandmerce provides the Platform technology; the Operator manages your membership, pricing, and support. These Terms still apply to your use of the Platform. The Operator’s own terms and policies may impose additional requirements.

3.3 BranStory-Operated Networks. BranStory also launches and operates community networks under its own brand names. Members of those networks are subject to these Terms and to any supplemental policies published by that network.

4. Operator Responsibilities

Operators agree to:

• Use the Platform only for lawful purposes and in accordance with these Terms and their Operator Agreement
• Be solely responsible for the content, policies, pricing, and conduct of their Network
• Ensure they have appropriate legal authority to operate a community network and collect membership fees
• Maintain accurate and current account and business information
• Comply with all applicable laws, including data protection laws, consumer protection laws, and any sector-specific regulations applicable to their industry or geography
• Not misrepresent their Network as being operated by or affiliated with BranStory or Brandmerce
• Not resell, sublicense, or redistribute Platform access without written consent from Brandmerce

5. Member Conduct

Members of any BranStory-powered Network agree to:

• Provide accurate profile and account information
• Use the Platform only for lawful purposes
• Not attempt to access accounts or data belonging to other users
• Comply with the Operator’s community standards and policies
• Not use the Platform to harass, threaten, defraud, or abuse any other user
• Not post false, misleading, or deceptive content
• Not circumvent any security or access control measure
• Not use automated tools (bots, scrapers) to access the Platform without written consent

Operators may impose additional conduct requirements within their Networks. Brandmerce reserves the right to enforce these Terms directly against any Member whose conduct threatens the integrity of the Platform.

6. Billing & Payment — Operators

6.1 Plan Fees. Operators pay a recurring platform license fee based on their selected plan tier (Growth, Professional, or Enterprise) as set forth in their Operator Agreement. Fees are billed monthly or annually as agreed.

6.2 Setup Fees. A one-time onboarding and implementation fee applies at the start of the engagement, as specified in your Operator Agreement.

6.3 Payment Processing. All payments are processed by Stripe, Inc. on behalf of Brandmerce, LLC. By providing a payment method, you authorize Brandmerce to charge your payment method for all applicable fees.

6.4 Automatic Renewal. Subscriptions renew automatically at the end of each billing period unless cancelled in writing before the renewal date, as specified in your Operator Agreement.

6.5 Price Changes. Brandmerce reserves the right to adjust platform pricing with at least 30 days’ advance written notice. Continued use of the Platform after a price change takes effect constitutes acceptance of the revised pricing.

6.6 Late Payments. Overdue balances may result in service suspension. Brandmerce reserves the right to charge interest on overdue amounts at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

6.7 Refunds. Setup fees are non-refundable. Platform license fees are non-refundable except as expressly stated in your Operator Agreement or as required by applicable law.

7. Member Billing

Member billing (subscriptions, event tickets, deals) is managed between the Operator and their Members using the Operator’s Stripe account. Brandmerce is not a party to transactions between Operators and Members. All disputes about member charges should be directed to the Operator.

8. User Content

8.1 Ownership. You retain ownership of User Content you submit. By submitting User Content, you grant Brandmerce a non-exclusive, worldwide, royalty-free license to store, display, and distribute that content as necessary to operate the Platform and, for Operators, to promote the Platform (e.g., case studies, screenshots) with your prior consent.

8.2 Representations. You represent that you own or have all rights necessary to submit your User Content, that it does not infringe any third-party rights, and that it complies with these Terms.

8.3 Moderation. Brandmerce reserves the right to remove any User Content that violates these Terms or that we determine, in our sole discretion, is harmful to the Platform or its users.

9. Intellectual Property

The Platform — including its design, code, features, logos, and documentation — is owned by Brandmerce, LLC and protected by applicable intellectual property laws. “BranStory” and the BranStory logo are trademarks of Brandmerce, LLC.

You may not copy, modify, distribute, reverse-engineer, or create derivative works from any part of the Platform without our express prior written permission.

Operators are granted a limited, non-exclusive, non-transferable license to use the Platform solely to operate their Network during the term of their Operator Agreement.

10. Data & Privacy

Your use of the Platform is subject to our Privacy Policy, incorporated here by reference. Operators and Brandmerce each have separate data responsibilities. Operators act as data controllers for their Members’ personal data. Brandmerce acts as a data processor on the Operator’s behalf, subject to a Data Processing Agreement included with the Operator Agreement.

11. Third-Party Services

The Platform integrates with third-party services including Stripe (payments), Supabase (database and authentication), Resend (email delivery), Apple App Store, and Google Play. Your use of those services is subject to their respective terms. Brandmerce is not responsible for the availability, accuracy, or practices of any third-party service.

12. Disclaimer of Warranties

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” BRANDMERCE, LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. OPERATOR-PROVIDED CONTENT, BUSINESS LISTINGS, DEALS, AND EVENTS ARE NOT VERIFIED BY BRANDMERCE FOR ACCURACY OR LEGALITY.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRANDMERCE, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BRANDMERCE’S TOTAL CUMULATIVE LIABILITY TO ANY OPERATOR FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY THAT OPERATOR TO BRANDMERCE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. FOR MEMBERS, BRANDMERCE’S LIABILITY SHALL NOT EXCEED $100.

14. Indemnification

You agree to indemnify, defend, and hold harmless Brandmerce, LLC and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Platform; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any third party.

15. Termination

By You. Operators may terminate their Operator Agreement per the notice provisions in that agreement. Members may close their accounts at any time via account settings or by contacting their Operator.

By Us. Brandmerce may suspend or terminate any account or Network for material violation of these Terms, non-payment of fees, or conduct that threatens the integrity or reputation of the Platform. We will provide reasonable notice where practicable, except in cases of fraud, illegal activity, or security threats.

Effect of Termination. Upon termination, access to the Platform ceases. Operators retain the right to export their member data within 30 days of termination. Provisions of these Terms that by their nature survive termination — including intellectual property, limitation of liability, indemnification, and governing law — will survive.

16. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Florida, without regard to its conflict of law principles. Any dispute arising under these Terms that cannot be resolved by good-faith negotiation shall be submitted to binding arbitration under the rules of the American Arbitration Association, conducted in St. Johns County, Florida. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

Class Action Waiver. You agree to bring claims only in your individual capacity and not as a plaintiff or class member in any class or representative proceeding.

17. Changes to These Terms

Brandmerce may update these Terms from time to time. For material changes, we will provide at least 30 days’ advance notice to Operators via email or in-Platform notice. Continued use of the Platform after the effective date constitutes acceptance. The current version is always available at branstory.com/terms-of-service.

18. Entire Agreement

These Terms, together with your Operator Agreement (if applicable) and any supplemental policies referenced herein, constitute the entire agreement between you and Brandmerce, LLC regarding the Platform and supersede all prior agreements, representations, and understandings.

19. Contact

Legal questions and notices: legal@brandmerce.com Brandmerce, LLC · Nocatee, Florida

BranStory is a product of Brandmerce, LLC. © 2026 Brandmerce, LLC. All Rights Reserved.