1. Acceptance of Terms
By accessing or using BrandTea (the "Platform"), including browsing reviews, submitting content, or using any tools or features we provide, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms in their entirety, you must not access or use the Platform.
You must be at least 18 years old to use BrandTea or to submit any content. By using the Platform, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. We do not permit use of the Platform by minors, and we do not knowingly collect information from anyone under 18.
2. Section 230 Notice
BrandTea is an interactive computer service as defined under 47 U.S.C. § 230 of the Communications Decency Act ("CDA"). Under Section 230 of the CDA, providers of interactive computer services are not treated as the publisher or speaker of information provided by another information content provider.
BrandTea is not the publisher or speaker of any user-submitted content, including reviews, ratings, rate information, comments, or other materials posted by users of the Platform. User-submitted content reflects the opinions and experiences of individual users, not those of BrandTea. BrandTea is not liable for any content posted, uploaded, or otherwise made available by users of the Platform, including content that may be defamatory, inaccurate, offensive, or otherwise objectionable.
Users are solely responsible for the content they submit. Nothing in these Terms limits or waives BrandTea's protections under Section 230 of the CDA or any other applicable law that limits liability for third-party content.
3. What BrandTea Is
BrandTea is a user-generated review platform where content creators can anonymously share experiences with brands and agencies, including information about rates, communication, contracts, red flags, and overall deal experiences. The Platform is designed to help creators make informed decisions about brand partnerships.
BrandTea does not verify, endorse, guarantee, or adopt the accuracy, completeness, or reliability of any review or other content submitted by users. We do not act as an agent, representative, or intermediary between creators and brands. Any decisions you make based on information on the Platform are solely your responsibility.
4. User Content
When you submit content to BrandTea, you agree that your submission complies with these Terms and our Content Policy. In particular:
- Reviews must be based on real personal experiences with the brand or agency reviewed. You may not post reviews about entities you have not personally worked with or engaged in a professional capacity.
- You retain ownership of the content you submit, but you grant BrandTea a worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to display, distribute, reproduce, modify (for formatting purposes), and otherwise use your anonymous submission in connection with operating and promoting the Platform.
- False, fabricated, misleading, or malicious reviews violate these Terms and may be removed without notice. BrandTea may investigate and take action against accounts or devices associated with policy violations.
- You may not submit reviews on behalf of competitors, at the request of a competitor, or in exchange for compensation, incentives, or other consideration from any third party.
- You may not post personal attacks on individual employees, contractors, or representatives of a brand or agency. Reviews should address the organization and your professional experience, not private individuals.
- You may not post hate speech, discrimination, harassment, threats, or content that targets individuals or groups based on protected characteristics.
- You may not submit content that is defamatory, fraudulent, invasive of privacy, obscene, or that violates any applicable local, state, national, or international law or regulation.
5. Content Removal
BrandTea reserves the right, at our sole discretion and without prior notice, to remove, hide, or restrict access to any content on the Platform for any reason or no reason, including content that we believe violates these Terms, our Content Policy, applicable law, or that poses risk to users, brands, or the Platform.
Removal or moderation of content does not constitute an admission of liability, wrongdoing, or agreement with any party regarding the accuracy or legality of the content. We may preserve removed content internally for moderation, legal compliance, and record-keeping purposes.
6. Reviews Are Not Verified
BrandTea does not verify that reviewers actually worked with, were contracted by, or otherwise had a professional relationship with the brands or agencies they review. We do not independently confirm rates, payment timelines, contract terms, or any factual assertions in user submissions.
All content on the Platform reflects the opinions and reported experiences of individual users only. BrandTea expressly disclaims all liability for inaccurate, incomplete, outdated, or misleading reviews, including any harm arising from reliance on user-submitted content.
7. Brand Verification (Paid Tier)
Brands may pay for a verified profile, which may include a verification badge and the ability to respond to reviews publicly on the Platform. Verification indicates that BrandTea has confirmed certain business information provided by the brand, not that BrandTea endorses the brand or verifies user reviews about that brand.
Payment for verification or any paid brand tier never affects the display, ordering, ranking, visibility, prominence, or removal of any review. All reviews are shown equally regardless of whether a brand has a free or paid profile. Verified brands cannot pay to suppress, hide, or remove negative reviews.
Verification fees and other paid services are non-refundable except as required by applicable law. Specific features and pricing for paid tiers may change over time.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRANDTEA, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF BRANDTEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL BRANDTEA'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID BRANDTEA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law.
9. Disclaimer of Warranties
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. BRANDTEA DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, VIRUSES, OR OTHER MALICIOUS CODE. WE DO NOT WARRANT THAT ANY INFORMATION ON THE PLATFORM IS ACCURATE, RELIABLE, OR COMPLETE.
10. Indemnification
You agree to indemnify, defend, and hold harmless BrandTea and its owners, officers, directors, employees, contractors, agents, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or related to: (a) your use of the Platform; (b) your user-submitted content; (c) your violation of these Terms or any applicable law; or (d) your violation of any third-party right, including intellectual property, privacy, or publicity rights.
BrandTea may assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.
11. Arbitration & Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform shall be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except that either party may bring an individual action in small claims court if the claim qualifies.
YOU AND BRANDTEA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. You waive any right to participate in a class action lawsuit or class-wide arbitration against BrandTea.
The arbitrator's decision shall be final and binding. Judgment on the award may be entered in any court having jurisdiction. This arbitration clause does not apply to claims that qualify for small claims court.
12. DMCA / Intellectual Property
If you believe that content on BrandTea infringes your copyright or other intellectual property rights, please send a notice to hello@brandtea.app that includes:
- A description of the copyrighted work or intellectual property you claim has been infringed.
- The location on our Platform of the material you claim is infringing (including URLs or sufficient detail to locate the content).
- Your contact information, including name, address, telephone number, and email address.
- A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
- A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
- Your physical or electronic signature.
We will respond to valid DMCA notices within 72 hours and may remove or disable access to allegedly infringing material in accordance with applicable law.
13. Legal Requests
For subpoenas, court orders, preservation requests, or other legal process directed to BrandTea, contact hello@brandtea.app. We comply with valid legal process and aim to respond within 72 hours. We may notify users when permitted by law before disclosing information in response to legal requests.
14. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of New Jersey, USA, without regard to conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in New Jersey, and you consent to personal jurisdiction in those courts.
15. Changes to Terms
We may update or modify these Terms at any time. When we make changes, we will update the "Last updated" date at the top of this page. Material changes may also be communicated through the Platform where appropriate. Your continued access or use of BrandTea after changes become effective constitutes your acceptance of the revised Terms.
16. Contact
BrandTea · hello@brandtea.app