Terms of Service

In these Terms:

• "FBA Brains," "we," "us," or "our" means FBA Brains and its owners, employees, and contractors.
• "You" or "Client" means the person using the website or services, or the company that person represents.
• "Website" means fbabrains.com and all of its pages.
• "Services" means any management, consulting, design, audit, troubleshooting, coaching, or other work we provide.
• "Digital Products" means SOP libraries, playbooks, courses, templates, and other self-serve materials we sell.
• "Service Agreement" means a signed proposal, statement of work, order form, or contract describing a specific engagement.
• "Deliverables" means the work product we create for you under a Service Agreement.
• "Marketplace" means Amazon, Walmart, TikTok Shop, or any other sales channel we work on for you.

You must be at least 18 years old and able to enter a binding contract to use our services. If you accept these Terms for a company, you confirm that you have authority to bind it.

If a Service Agreement conflicts with these Terms, the Service Agreement controls for that engagement. Anything a Service Agreement does not cover is governed by these Terms.

By submitting your phone number, you agree that we may call or text you about your inquiry or engagement as described in our Privacy Policy. Consulting and coaching calls may be recorded with your permission for quality and note-taking purposes.

We grant you a limited, non-exclusive, revocable permission to use the Website for your own business research and to contact us. You agree not to:

• Copy, scrape, or republish Website content for commercial use without our written permission
• Use the Website in a way that breaks any law or infringes anyone's rights
• Try to gain unauthorized access to the Website, its servers, or connected systems
• Introduce viruses, malware, or other harmful code
• Submit false information or pretend to be another person or company

Case studies, figures, and examples on the Website show past results for specific clients and are given for information only. They are not a promise of similar results for your business.

The scope, deliverables, timeline, and fees of each engagement are set out in its Service Agreement. Work that falls outside that scope, such as extra listings, products, marketplaces, or revision rounds, may need a change order or extra fees, which we will agree with you before starting.

We may use employees and vetted contractors to perform the Services. We are responsible for their work as if it were our own.

Our results depend on timely cooperation. As a client, you agree to:

• Give us the account access, product information, brand assets, and approvals we need, on time
• Make sure the information and materials you give us are accurate, lawful, and yours to use
• Follow the policies of each Marketplace, including product compliance, safety, and intellectual property rules
• Fund your advertising budgets directly with each platform; ad spend is separate from our fees
• Tell us promptly about Marketplace notices, policy warnings, or account changes that may affect our work
• Keep ownership of and responsibility for your accounts, inventory, and products

Delays in access, information, or approvals may delay Deliverables. We are not responsible for missed timelines caused by those delays.

Fees are listed in your Service Agreement or at checkout. Unless stated otherwise:

• Monthly management fees are billed in advance at the start of each billing period
• Project-based services, audits, and design packages are paid before work begins or by agreed milestones
• Coaching calls and Digital Products are paid in full at the time of booking or purchase
• Fees exclude taxes, Marketplace fees, advertising spend, and third-party tool costs

If a payment is late, we may pause work until the account is up to date. Paused work may change delivery dates. You agree not to open a chargeback for undisputed charges and to contact us first so we can resolve any billing issue.

Each engagement runs for the term in its Service Agreement. Ongoing services renew month to month after any minimum term unless either side gives the notice of cancellation the Service Agreement requires.

We may suspend or end the Services, or your access to the Website or Digital Products, if you break these Terms, do not pay, ask us to act against Marketplace policy or the law, or treat our team abusively.

When an engagement ends, you must pay for all work done and fees owed up to the end date. We will hand over completed Deliverables that have been paid for. You should remove our user access from your accounts, and we will stop using it.

Because our Services involve time and expertise that cannot be returned, fees for work already performed are non-refundable unless your Service Agreement says otherwise. Specific rules apply to some services:

• Monthly management: fees for a billing period that has started are not refundable.
• Design work: we include the revision rounds stated in your package and fix work that does not match the agreed brief, but we do not refund approved designs.
• Account and listing reinstatement: any refund or partial refund terms are set out in your Service Agreement, since the final decision belongs to the Marketplace.
• Hourly troubleshooting and consulting blocks: hours already used are not refundable.
• Digital Products: because content is delivered immediately, sales are final once access is granted.

If you believe you were charged in error, contact us within 30 days of the charge and we will review it in good faith.

We use proven methods and our best professional judgment, but results on a Marketplace depend on factors we do not control, including platform algorithms and policy decisions, competition, pricing, inventory, product quality, reviews, and market demand.

We do not guarantee specific sales, rankings, advertising returns, approval of appeals or reinstatements, or approval of trademark applications. Marketplaces and government offices make those decisions independently.

These terms apply to particular services in addition to the rest of these Terms and your Service Agreement.

Full service and advertising management

We manage campaigns, budgets, bids, and listings within the limits you approve. You decide your total advertising budget and pay ad spend directly to each platform. We are not responsible for spend that results from changes you or other people make to your accounts, or from platform billing errors. Strategy changes you request may take several weeks to show results in performance data.

SEO, listing optimization, and design

We create listing copy, images, A+ content, brand stores, and brand assets from the brief and information you give us. You are responsible for checking that all product claims, ingredients, dimensions, certifications, and compliance statements are accurate before anything is published. Revision rounds are limited to those included in your package; extra rounds or new concepts are quoted separately. Marketplaces may reject, edit, or suppress content under their own rules, and we will help resubmit content within the original scope.

Audits

Account, advertising, and ecommerce audits reflect the data and access available at the time of review. Recommendations are advice; you decide whether and how to implement them unless implementation is part of your Service Agreement.

Suspension, reinstatement, and troubleshooting

We prepare appeals, plans of action, and case responses from the facts and documents you give us. You must be truthful and complete; we will not submit false or misleading information to any Marketplace. Marketplaces decide every appeal on their own, and time spent on research, drafting, and case work is billable whatever the outcome. Hourly troubleshooting blocks are used in the increments stated when you buy them and expire as described in your order.

Trademark registration

We help prepare and file trademark applications and Brand Registry enrollment. Government trademark offices set their own fees, timelines, and decisions, and an application may be refused or opposed by third parties. Responses to office actions or oppositions may need extra fees, and some matters may need to be referred to a licensed attorney.

Walmart, TikTok Shop, Vendor Central, and Amazon DSP

Channel launches and management depend on approval, onboarding requirements, and the minimum spend rules of each platform. Platform approval timelines are outside our control. Programmatic advertising budgets, including Amazon DSP, are set and paid according to the platform's terms.

Please grant our team access through each platform's user permission tools rather than sharing passwords. You are responsible for managing who has access to your accounts, for enabling two-factor authentication, and for removing access that is no longer needed.

We will use account access only to perform the Services and will follow reasonable security practices while doing so. We are not responsible for actions taken in your accounts by you, your staff, other agencies, or anyone else outside our team.

With your written approval, we may use your company name, logo, testimonial, or results in case studies, on the Website, and in marketing materials. You can withdraw approval at any time for future use by contacting us. Without your approval, we will only refer to your results in anonymized form.

You agree to receive notices, invoices, and agreements from us electronically. Proposals and Service Agreements accepted by electronic signature, online checkout, or written email confirmation are as binding as signed paper documents. Notices to us should be sent to services@fbabrains.com.

Calls booked through our scheduling calendar are for the length shown when you book. Please arrive on time; late arrivals do not extend the session.

You can reschedule or cancel through the link in your booking confirmation. Paid calls missed without notice may be treated as used. Advice given on a call is general guidance based on the information you share, and you remain responsible for decisions made in your business.

When you buy a Digital Product, we grant you a limited, non-exclusive, non-transferable license to use it inside your own business for as long as you have access. FBA Brains keeps all rights, title, and ownership in the Digital Products.

You may share Digital Products with your own employees and contractors for use in your business. You may not:

• Resell, sublicense, rent, or give away the materials
• Publish them, in whole or in part, on a public website, forum, or course
• Share your login or access link with people outside your business
• Remove copyright or ownership notices
• Use the materials to build a competing product or service

If you break these restrictions, we may end your access without a refund. If you send us feedback or suggestions about a Digital Product, we may use them freely to improve our materials.

All Website content, including text, graphics, logos, page designs, and code, belongs to FBA Brains or its licensors and is protected by intellectual property laws.

You keep ownership of your brand, trademarks, product data, and the materials you give us, and you grant us permission to use them to perform the Services.

Once you have paid in full, you own the final Deliverables made specifically for you, such as listing copy, images, A+ content, and brand store designs. We keep ownership of our own templates, frameworks, processes, tools, and know-how, and we may use general lessons from our work for other clients without disclosing your confidential information. We may show non-confidential Deliverables in our portfolio unless you ask us not to.

Each side may receive non-public information from the other, such as sales data, pricing, strategies, and supplier details. Each side agrees to use that information only for the engagement, protect it with reasonable care, and not disclose it except to people who need it for the work and are bound to keep it confidential. This obligation does not apply to information that is public, already known, independently developed, or required to be disclosed by law.

Our team is our most valuable asset. During an engagement and for 12 months after it ends, you agree not to directly hire or contract with any FBA Brains employee or contractor who worked on your account, unless we agree in writing.

Our Services depend on Marketplaces and third-party tools that we do not own or control. We are not responsible for their outages, policy changes, fees, data errors, or account decisions.

The Website may link to third-party websites. Those links are given for convenience, and we are not responsible for their content, products, or practices.

Except as stated in a Service Agreement, the Website, Services, and Digital Products are provided "as is" and "as available." To the fullest extent allowed by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not promise that the Website will always be available, error-free, or free of harmful components.

Some jurisdictions do not allow certain warranties to be excluded, so some of these exclusions may not apply to you.

To the fullest extent allowed by law:

• FBA Brains will not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost sales, lost data, or account suspensions, even if we were told they were possible.
• Our total liability for any claim relating to the Website, Services, or Digital Products is limited to the fees you paid us for the affected service in the three months before the claim arose.
• These limits apply whatever the legal theory, whether contract, tort, negligence, or otherwise.

You agree to defend and hold harmless FBA Brains and its team from any claims, losses, and costs, including reasonable legal fees, arising from your products, your breach of these Terms, your breach of Marketplace policies or the law, or materials you provide that infringe someone else's rights.

If you have a concern, please contact us first. Most issues can be resolved quickly and informally, and both sides agree to try in good faith for at least 30 days before starting a formal claim.

Unless your Service Agreement says otherwise, these Terms are governed by the laws of the jurisdiction where FBA Brains is registered, without regard to conflict-of-law rules, and disputes will be heard in the courts of that jurisdiction.

Users in the European Union and United Kingdom

If you are a consumer in the European Union or United Kingdom, you keep the benefit of any mandatory consumer protections under the laws of the country where you live.

Export and sanctions compliance

You confirm that you are not located in a country subject to U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties.

• Severability: if any part of these Terms is found unenforceable, it will be limited as little as needed and the rest stays in effect.
• Waiver: if we do not enforce a right right away, we have not given that right up.
• Assignment: you may not transfer your rights under these Terms without our written consent. We may assign them as part of a merger or sale of our business.
• Force majeure: neither side is responsible for delays caused by events outside its reasonable control, such as Marketplace outages, natural disasters, or internet failures.
• Language: these Terms are written in English, and the English version controls if a translation differs.
• Entire agreement: these Terms, our Privacy Policy, and any Service Agreement make up the full agreement between us on their subject.

We may update these Terms from time to time. We will post the new version on this page and change the "Last updated" date. For material changes affecting active clients, we will try to give at least 30 days' notice by email. Continuing to use the Website or Services after changes take effect means you accept the updated Terms.

If you have questions about these Terms, contact us by email at services@fbabrains.com or by phone using the numbers below.