1. Agreement, acceptance, and eligibility

You accept these Terms by creating an account, selecting “I agree,” purchasing or using a membership, accessing a Service, using an API key, installing a BrandNova plugin or widget, or otherwise using the Services. If you do not agree, do not use the Services.

If you use the Services for a business, organization, event, client, or other entity, you represent that you are at least 18 years old, have legal capacity, and have authority to bind that entity. “Customer,” “you,” and “your” include that entity and every person using the Services through its account. You are responsible for ensuring all Authorized Users comply with these Terms.

An order form, enterprise agreement, data processing addendum, or service-level agreement signed by BrandNova may supplement these Terms. If a signed document expressly conflicts with these Terms, the signed document controls only for the subject matter and Services it covers. Purchase orders and customer boilerplate do not modify these Terms unless BrandNova signs them.

2. Services, plans, and permitted use

BrandNova provides a connected business software suite that may include PulseCore audience and polling tools, Event Tickets and scanner workflows, CronPilot monitoring, CronJob scheduling and automation, OpenRoster team scheduling, Photo Enhancer image processing, dashboards, APIs, plugins, and related features. Features, limits, availability, and names may evolve.

Subject to payment and compliance with these Terms, BrandNova grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the subscription term to use the Services for Customer’s lawful internal business purposes and authorized customer-facing workflows.

Plans may differ by seats, API calls, jobs, monitors, staff profiles, image-processing volume, active events, ticketing fees, support, white-label features, or other published limits. Customer may not exceed or evade plan limits. Usage above plan limits may be throttled, suspended, or charged at disclosed overage rates after reasonable notice.

3. Accounts, Authorized Users, and administrators

Customer must provide accurate account information and keep it current. Accounts are personal to the named user unless the plan expressly supports shared operational roles. Customer must use unique credentials, protect authentication methods and API keys, and enable multi-factor authentication when offered.

Administrators and personnel

Customer controls who receives administrator, employee, contractor, developer, scanner, API, billing, or other privileged access. Actions taken through valid Customer credentials, sessions, API keys, connected email accounts, or authorized devices are treated as authorized by Customer unless Customer has previously notified BrandNova of compromise and BrandNova had a reasonable opportunity to act.

Customer is solely responsible for:

• conducting appropriate background checks and assigning least-privilege access;
• promptly disabling access when an employee, contractor, agency, client, volunteer, or administrator changes roles or leaves;
• reviewing audit logs, active sessions, integrations, export permissions, billing roles, and API keys;
• maintaining an internal offboarding, incident-response, and business-continuity process; and
• all instructions, configurations, content, exports, deletions, refunds, schedules, campaigns, scans, automations, and other actions initiated by its Authorized Users.

Customer must notify BrandNova immediately at Support@focalpointagency.com if it suspects compromise. Customer remains responsible for charges and activity occurring before BrandNova can reasonably secure the account, except to the extent directly caused by BrandNova’s breach of an express obligation under these Terms.

4. Shared security responsibility and cyber-risk allocation

Security is a shared responsibility. BrandNova is responsible for reasonable safeguards within the systems it controls. Customer is responsible for the security, legality, configuration, maintenance, patching, hosting, backups, access controls, and use of Customer-controlled websites, WordPress installations, plugins, themes, servers, domains, DNS, email systems, devices, networks, browsers, gateways, identity providers, applications, and integrations.

Customer websites and connected systems

BrandNova does not warrant that the Services will prevent hacking, phishing, malware, ransomware, credential theft, denial-of-service attacks, zero-day exploits, supply-chain incidents, insider abuse, or compromise of a Customer website or third-party system. A Customer site may be compromised through outdated software, weak passwords, exposed keys, insecure hosting, another plugin, a malicious administrator, social engineering, or a third-party vulnerability unrelated to BrandNova.

Customer must maintain independent backups appropriate to its risk, test restoration, patch connected systems, protect secret keys, validate webhook signatures, restrict administrative access, monitor abnormal activity, and maintain appropriate cyber insurance. BrandNova is not a substitute for Customer’s security program, managed security provider, backup provider, or incident-response counsel.

Automation and operational verification

Cron schedules, monitoring alerts, ticket issuance, QR scanning, polls, rosters, reports, image processing, APIs, and automated actions may be delayed, duplicated, missed, inaccurate, or unavailable due to configuration, connectivity, rate limits, time zones, device failure, third-party services, or other causes. Customer must test workflows, review outputs, maintain manual fallbacks, and independently verify high-impact actions before relying on them.

Customer must not use BrandNova as the sole system of record for funds, legal obligations, payroll, regulated records, emergency notices, venue safety, attendance, inventory, or any process where an error could cause material harm.

5. Customer Data, content, and legal compliance

“Customer Data” means content, records, files, images, poll questions and responses, voter or attendee information, staff and schedule data, monitoring targets, job definitions, event and ticket data, messages, API payloads, and other information submitted to or generated through the Services for Customer.

As between the parties, Customer retains its rights in Customer Data. Customer grants BrandNova and its service providers a worldwide, non-exclusive right to host, copy, transmit, display, modify, process, and otherwise use Customer Data only as reasonably necessary to provide, secure, support, improve, and comply with law regarding the Services.

Customer represents and warrants that it has all rights, notices, consents, licenses, permissions, and lawful bases required to collect, upload, use, disclose, instruct BrandNova to process, and communicate using Customer Data. Customer is responsible for the accuracy, quality, legality, and means of acquisition of Customer Data and for responding to requests from its employees, voters, attendees, customers, volunteers, contractors, and other data subjects.

Customer as controller; BrandNova as processor

For account, billing, website, security, and direct-support data, BrandNova generally acts as an independent business or data controller. When BrandNova processes personal data in Customer Data solely to provide the Services under Customer’s instructions, Customer is the business/controller and BrandNova is the service provider/processor. Customer determines the purposes and means of that processing and must publish its own legally sufficient privacy notice, obtain consents, honor data-subject rights, and execute a data processing addendum when required.

Regulated and high-risk data

Unless BrandNova expressly agrees in a signed document, Customer must not submit full payment-card data, bank credentials, Social Security numbers, government identification numbers, protected health information subject to HIPAA, biometric identifiers, precise geolocation, criminal-history data, classified information, export-controlled technical data, data about children, or other highly sensitive regulated information. BrandNova is not a PCI card-data vault, HIPAA business associate, consumer reporting agency, escrow service, or regulated records custodian unless expressly agreed in writing.

Customer backups and exports

Customer must maintain independent copies of important Customer Data. BrandNova may offer export or restoration features, but does not guarantee that deleted, overwritten, corrupted, expired, or maliciously altered data can be restored. Customer must verify exports before deleting an account or disconnecting an integration.

6. Acceptable use

Customer and Authorized Users may not use the Services to:

• violate law, regulation, court order, sanctions, export controls, intellectual-property rights, privacy rights, publicity rights, employment law, election law, accessibility law, anti-spam rules, ticketing rules, or payment-network requirements;
• upload malware; conduct phishing, credential stuffing, unauthorized scanning, scraping, surveillance, interception, denial-of-service activity, or security testing without written authorization;
• access another tenant, bypass authentication, evade limits, probe nonpublic systems, interfere with service integrity, or distribute credentials or API keys;
• harass, threaten, discriminate, defame, impersonate, exploit, deceive, or harm a person or organization;
• send unlawful marketing, buy or use unlawfully obtained contact lists, or contact people without required consent;
• manipulate polls, fabricate votes, issue fraudulent or duplicated tickets, falsify monitoring results, misrepresent AI-processed images, or use outputs to deceive;
• reverse engineer, resell, rent, timeshare, copy, frame, or create a competing service from the Services except where applicable law prohibits restriction;
• use automated means that impose unreasonable load or exceed documented API and rate limits; or
• use the Services for weapons, unlawful gambling, trafficking, exploitation, or other activity reasonably likely to create material harm.

BrandNova may investigate suspected violations, preserve evidence, restrict content or access, cooperate with lawful authorities, and take proportionate protective action. BrandNova is not obligated to monitor all Customer Data and does not endorse Customer content.

7. Free trials, subscriptions, automatic renewal, payment, and cancellation

Three-day free trial

Unless checkout states otherwise, an eligible new membership begins with a $0 three-day trial. A valid payment method may be required. The paid subscription begins automatically when the trial expires, and the payment method is charged the displayed monthly or annual price, unless Customer cancels before the trial deadline shown at checkout or in the billing account. Cancel before day four to avoid the first subscription charge. Trial eligibility may be limited by person, business, payment method, domain, device, or prior account. BrandNova may end or refuse abusive or duplicate trials.

Renewal and authorization

Monthly plans renew each month and annual plans renew each year until canceled. Customer authorizes BrandNova and its payment processor to store a payment token and charge the selected payment method. Prices exclude taxes unless stated otherwise. Customer is responsible for sales, use, value-added, withholding, and similar taxes other than taxes on BrandNova’s net income.

Cancellation

Customer may cancel renewal through the BrandNova account’s subscription or billing controls. If account access is unavailable, Customer may request cancellation from the account’s verified billing email by contacting Support@focalpointagency.com. Cancellation is effective when confirmed. Unless law requires otherwise, cancellation stops future renewal and access continues through the end of the already-paid term; it does not retroactively refund prior charges.

Refunds

Except where required by law or expressly stated in a signed order, fees are non-refundable and non-creditable, including for partial periods, unused seats, unused capacity, Customer configuration errors, employee misuse, third-party outages, or early cancellation of an annual term. BrandNova may provide a credit or refund in its discretion without creating a future obligation. Nothing here limits non-waivable consumer refund rights.

Failed payments and disputes

Customer must keep payment information current. BrandNova may retry failed charges, suspend access, reduce service, or terminate an account after notice. Customer must raise billing errors promptly and no later than 60 days after the charge, unless law requires more time. Before initiating a chargeback, Customer agrees to give BrandNova a reasonable opportunity to investigate. Fraudulent or abusive chargebacks may result in suspension and recovery of permitted costs.

Price and plan changes

BrandNova may change prices, plan limits, or features prospectively. Material price changes will apply no earlier than the next renewal after reasonable notice, unless required by tax, law, or a third-party fee outside BrandNova’s control. Customer may cancel before the affected renewal. Continued subscription after renewal constitutes acceptance of the updated price.

8. Third-party sites, integrations, gateways, and services

The Services may interoperate with WordPress, WooCommerce, payment gateways, hosting providers, email providers, analytics services, browsers, cameras, mobile devices, APIs, plugins, themes, identity providers, AI-processing providers, and other third-party products (“Third-Party Services”). Customer’s use of each Third-Party Service is governed by its own terms and privacy practices.

BrandNova does not own or control Third-Party Services and is not responsible for their security, availability, content, policies, support, pricing, data use, decisions, suspensions, compatibility, or acts and omissions. BrandNova is not liable when a third party rejects a payment, disables an account, changes an API, blocks email, removes a plugin, loses data, misroutes traffic, experiences a breach, or causes a connected workflow to fail.

Customer authorizes BrandNova to exchange Customer Data with enabled Third-Party Services as necessary to perform Customer’s configuration. Customer is responsible for reviewing requested permissions, maintaining its third-party accounts, and disconnecting integrations it no longer trusts.

Tool-specific risk allocation

• Event Tickets: Customer is the merchant, event organizer, and seller to attendees unless a signed agreement says otherwise. Customer is responsible for event legality, refunds, taxes, venue safety, inventory, attendee communications, local checkout, payment disputes, and scanner fallback procedures.
• PulseCore: Customer is responsible for poll rules, fairness, eligibility, disclosures, consent, voter communications, public claims, prizes, promotions, and lawful use of respondent information. Anti-fraud controls reduce risk but do not guarantee unique or truthful participation.
• CronPilot and CronJob: Alerts and executions are informational and may be delayed, missed, duplicated, or inaccurate. Customer must maintain independent monitoring, backups, and manual controls for critical systems.
• OpenRoster: Customer is responsible for employment, wage-and-hour, scheduling, labor, accommodation, safety, volunteer, and communications obligations. BrandNova is not an employer, staffing agency, or payroll provider.
• Photo Enhancer: Customer must own or have permission to process uploaded images and review outputs before use. Outputs may be inaccurate, altered, or unsuitable and must not be used to deceive, defame, violate rights, or make regulated decisions.

9. Intellectual property, licenses, and feedback

BrandNova and its licensors own the Services, software, designs, documentation, workflows, models, databases, trademarks, logos, and all related intellectual-property rights, excluding Customer Data. No rights are granted except the limited rights expressly stated in these Terms.

Customer may provide suggestions or feedback. Customer grants BrandNova a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate feedback without restriction or attribution, provided BrandNova does not publicly identify Customer without permission.

BrandNova may create and use aggregated or de-identified information derived from Service use for security, analytics, benchmarking, product improvement, and business operations, provided it is not used to identify Customer or an individual. BrandNova will not attempt to re-identify data maintained solely in de-identified form except to test de-identification or as permitted by law.

Claims of copyright infringement may be sent to Support@focalpointagency.com with identification of the protected work, the allegedly infringing material, contact information, a good-faith statement, and a statement under penalty of perjury that the notice is accurate and authorized.

10. Availability, changes, security, beta features, and support

BrandNova may maintain, update, replace, discontinue, or modify features to improve security, performance, compliance, or product direction. BrandNova will use commercially reasonable efforts to avoid material disruption, but does not guarantee uninterrupted, error-free, timely, or fully secure operation. Unless a signed service-level agreement applies, availability targets, response times, roadmaps, and estimated delivery dates are goals and not warranties.

Planned maintenance, emergency maintenance, force majeure, Internet failures, Customer systems, and Third-Party Services may cause downtime. Customer is responsible for business-continuity plans and manual alternatives.

Preview, beta, trial, early-access, experimental, and free features may be changed or discontinued at any time, may be less secure or reliable, and are provided without service levels, support commitments, or warranties.

BrandNova uses administrative, technical, and organizational safeguards designed to protect the Services. No security measure, encryption method, network, transmission, or storage system is completely secure. Customer acknowledges that cyber incidents can occur despite reasonable care and agrees to promptly cooperate in containment and investigation.

11. Suspension, termination, and effect

BrandNova may suspend or restrict access immediately when reasonably necessary to prevent security risk, unlawful activity, harm to a person or system, nonpayment, material breach, abuse, excessive load, sanctions exposure, or interference with other customers. When practicable, BrandNova will provide notice and an opportunity to cure.

Either party may terminate for uncured material breach after 30 days’ written notice, or immediately if the breach cannot be cured, the other party becomes insolvent, or continued performance would violate law. Customer may terminate renewal by canceling as described above.

Upon termination, Customer’s license ends and access may be disabled. Customer should export data before termination. Subject to legal holds, security needs, backup cycles, and the Privacy Notice, BrandNova may delete Customer Data after termination. Sections concerning payment, intellectual property, confidentiality, disclaimers, liability, indemnity, disputes, privacy, and other provisions that by nature should survive will survive.

12. Disclaimers of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, DOCUMENTATION, OUTPUTS, DATA, SUPPORT, BETA FEATURES, AND THIRD-PARTY CONNECTIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BRANDNOVA DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, COURSE OF DEALING, AND RESULTS.

BRANDNOVA DOES NOT WARRANT THAT THE SERVICES WILL PREVENT A HACK, DATA LOSS, FRAUD, MALICIOUS EMPLOYEE ACT, UNAUTHORIZED ACCESS, EVENT DISRUPTION, MISSED JOB, MISSED ALERT, DUPLICATE OR INVALID TICKET, POLL MANIPULATION, SCHEDULING ERROR, PAYMENT DISPUTE, EMAIL FAILURE, THIRD-PARTY CLAIM, OR OTHER HARM; THAT OUTPUTS OR REPORTS WILL BE COMPLETE OR ERROR-FREE; OR THAT DELETED OR CORRUPTED DATA CAN BE RECOVERED.

Customer is responsible for evaluating whether the Services are suitable for its risks and legal obligations. No oral or informal statement creates a warranty. Some jurisdictions do not permit certain disclaimers, so those disclaimers apply only to the extent permitted.

13. Limitation of liability and allocation of risk

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRANDNOVA, FOCAL POINT AGENCY, THEIR AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, ENHANCED, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, SALES, GOODWILL, REPUTATION, BUSINESS, CONTRACTS, OR OPPORTUNITIES; LOSS, CORRUPTION, DISCLOSURE, OR RESTORATION OF DATA; BUSINESS INTERRUPTION; COST OF SUBSTITUTE SERVICES; OR PERSONAL OR PROPERTY HARM, EVEN IF ADVISED OF THE POSSIBILITY.

THIS EXCLUSION INCLUDES CLAIMS ARISING FROM A COMPROMISED CUSTOMER WEBSITE OR DEVICE; CUSTOMER OR THIRD-PARTY SOFTWARE; MALICIOUS OR NEGLIGENT EMPLOYEES, CONTRACTORS, ADMINISTRATORS, ATTENDEES, VOTERS, OR USERS; STOLEN CREDENTIALS; CUSTOMER CONFIGURATION; AUTOMATED OR API-INITIATED ACTIONS; INTERNET OR VENDOR OUTAGES; PAYMENT GATEWAYS; EMAIL DELIVERY; TICKET OR SCANNER OPERATIONS; POLLS; ROSTERS; MONITORING; CRON EXECUTION; IMAGE OUTPUTS; OR CUSTOMER’S FAILURE TO MAINTAIN BACKUPS, SECURITY, INSURANCE, OR MANUAL CONTROLS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRANDNOVA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS OR (B) THE FEES CUSTOMER ACTUALLY PAID TO BRANDNOVA FOR THE AFFECTED SERVICES DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM.

The limitations apply to all theories of liability and collectively to Customer and all persons claiming through Customer. They reflect the parties’ allocation of risk and are an essential basis of the bargain. They do not limit liability that cannot lawfully be limited, such as liability for fraud, willful misconduct, or other non-waivable rights, and do not expand any liability that would otherwise exist.

14. Customer indemnification

To the maximum extent permitted by law, Customer will defend, indemnify, and hold harmless BrandNova, Focal Point Agency, their affiliates, licensors, service providers, and personnel from claims, investigations, demands, actions, judgments, settlements, penalties, fines, losses, liabilities, damages, and reasonable legal fees arising from or related to:

• Customer Data, Customer websites, events, polls, tickets, rosters, campaigns, communications, products, services, or business practices;
• Customer’s or an Authorized User’s breach of these Terms, violation of law, or infringement of another person’s rights;
• acts or omissions of Customer’s employees, former employees, contractors, agencies, volunteers, administrators, clients, attendees, voters, or other third parties using Customer-controlled access;
• Customer’s collection, use, disclosure, sale, sharing, export, or deletion of personal information;
• Customer’s connected sites, hosting, gateways, plugins, devices, systems, security controls, API integrations, or instructions to the Services; or
• taxes, refunds, chargebacks, event cancellations, prizes, employment disputes, customer-service disputes, or claims by Customer’s end users.

BrandNova will provide reasonable notice and may control the defense with counsel of its choice. Customer may not settle a claim in a manner that admits wrongdoing by or imposes obligations on BrandNova without BrandNova’s written consent. BrandNova may participate at its own expense.

15. Disputes, governing law, arbitration, and class waiver

Informal resolution first

Before filing a claim, the complaining party must send an individualized written notice describing the facts, legal basis, requested relief, and account contact information to Support@focalpointagency.com. The parties will attempt in good faith to resolve the dispute for 30 days. Applicable limitation periods are tolled during that period where permitted by law.

Binding individual arbitration

Except for small-claims matters, intellectual-property or unauthorized-access claims seeking injunctive relief, or claims that cannot lawfully be arbitrated, any dispute arising from these Terms or the Services will be resolved by binding individual arbitration under the Federal Arbitration Act. Arbitration will be administered by the American Arbitration Association under its applicable Consumer Arbitration Rules for qualifying consumers and Commercial Arbitration Rules for business disputes. Proceedings may occur by video, telephone, documents, or in Dallas, Texas, as the arbitrator determines consistent with applicable law.

Class-action and jury-trial waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL AND TO BRING, JOIN, OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL ACTION. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY’S CLAIM.

Arbitration opt-out

A new Customer may opt out of arbitration by emailing Support@focalpointagency.com within 30 days after first accepting these Terms. The notice must identify the account, state “Arbitration Opt-Out,” and be sent by an authorized account representative. Opting out does not affect other Terms.

Governing law and courts

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs arbitration. Where arbitration does not apply, the parties consent to exclusive jurisdiction in the state or federal courts serving Dallas County, Texas, unless applicable consumer law requires otherwise.

16. General terms

Confidentiality

Each party will use reasonable care to protect nonpublic information disclosed by the other that is identified as confidential or reasonably should be understood as confidential. Confidential information excludes information lawfully known without restriction, independently developed, publicly available without breach, or lawfully received from a third party. A party may disclose information when legally required after giving notice where permitted.

Electronic communications

Customer consents to electronic records and operational communications, including security, billing, legal, renewal, service, and account notices. Marketing emails may be unsubscribed through the message or by contacting BrandNova, without affecting transactional communications.

Changes to these Terms

BrandNova may update this document to reflect product, business, legal, or security changes. The revised date will be posted above. Material changes will be communicated through the Service, account email, or another reasonable method and will apply prospectively. If Customer does not agree to a material change, its remedy is to stop use and cancel before the change becomes effective. Changes do not retroactively alter accrued claims unless law permits and the parties agree.

Force majeure

BrandNova is not liable for delay or failure caused by events beyond reasonable control, including natural disasters, fire, epidemic, war, terrorism, civil unrest, labor disputes, government action, utility or Internet failure, cyberattack, denial-of-service activity, vendor failure, cloud outage, or widespread telecommunications disruption.

Assignment, notices, and relationship

Customer may not assign these Terms without BrandNova’s consent. BrandNova may assign them in connection with an affiliate, financing, merger, acquisition, reorganization, or sale of assets. The parties are independent contractors; these Terms do not create employment, agency, fiduciary, franchise, partnership, or joint-venture duties. There are no third-party beneficiaries.

Entire agreement and severability

These Terms and incorporated signed documents are the entire agreement concerning the Services. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remainder continues. Headings are for convenience. “Including” means “including without limitation.”

Part II

17. BrandNova Privacy Notice

This Privacy Notice explains how BrandNova collects, uses, discloses, retains, and protects personal information when people visit our website, open or administer an account, purchase a subscription, request support, receive communications, or directly interact with BrandNova. It also describes BrandNova’s role when Customers use the Services to process information about their own employees, contractors, voters, attendees, ticket buyers, customers, volunteers, and other individuals.

Scope and roles

BrandNova is generally the business/controller for information used to operate our website, administer accounts, process subscriptions, secure the platform, communicate with Customers, and manage our business. For personal information contained in Customer Data that we process only to provide Services under a Customer’s instructions, BrandNova generally acts as a service provider/processor and the Customer is the business/controller. Requests about Customer Data should first be directed to the Customer that collected it.

Personal information we collect

We may collect these categories directly from you; from your organization or account administrator; automatically from devices and Services; from enabled integrations and payment, email, analytics, security, or hosting providers; and from lawful public or commercial sources.

How we use information

• provide, authenticate, host, configure, operate, maintain, and improve the Services;
• create accounts, manage seats and permissions, process trials and subscriptions, collect payment, and keep records;
• perform Customer instructions and support APIs, plugins, widgets, reports, exports, alerts, and communications;
• detect, investigate, prevent, and respond to fraud, abuse, security incidents, illegal activity, and policy violations;
• provide support, troubleshoot, communicate changes, and manage our relationship;
• analyze performance and product use, develop features, and create de-identified business insights;
• market BrandNova where permitted, honor communication preferences, and measure campaigns;
• comply with law, tax, accounting, sanctions, court process, and lawful government requests; and
• establish, exercise, or defend legal claims and protect rights, safety, property, and service integrity.

Where European or United Kingdom data-protection law applies, our legal bases may include performance of a contract, steps requested before a contract, legitimate interests in operating and securing our business, consent where required, and compliance with legal obligations. We balance legitimate interests against affected rights and honor withdrawal of consent where applicable.

How we disclose information

We may disclose personal information to:

• Service providers and subprocessors that support hosting, cloud infrastructure, content delivery, security, authentication, payments (such as the payment provider displayed at checkout), email delivery, support, analytics, storage, image processing, and professional services;
• Customers and their Authorized Users, including account owners and administrators who can manage users, view activity, access Customer Data, and control subscriptions;
• Customer-enabled integrations when a Customer connects or directs data to a Third-Party Service;
• Authorities, advisers, and affected parties when reasonably necessary to comply with law, protect safety or rights, investigate abuse, enforce agreements, or address a security incident;
• Transaction participants in a merger, acquisition, financing, reorganization, bankruptcy, or sale of business or assets, subject to appropriate confidentiality; and
• Others at your direction or with your consent.

BrandNova does not sell personal information for monetary consideration. We do not knowingly sell or share personal information of individuals under 16. Some analytics or advertising disclosures may be treated as a “sale,” “sharing,” or targeted advertising under certain state laws even when no money is exchanged. Where applicable, you may opt out using available cookie or privacy controls, a legally recognized browser signal, or the contact method below.

Cookies and similar technologies

We and our providers may use essential cookies for login, security, load balancing, preferences, cart and subscription functions; analytics cookies to understand use and performance; and, where enabled, marketing technologies to measure campaigns. You can use browser settings and available consent controls to restrict nonessential cookies, but blocking essential cookies may prevent login or checkout. Where required and technically supported, we process Global Privacy Control signals as an opt-out request for the browser or device sending the signal. We do not respond to other “Do Not Track” signals where no uniform legal standard applies.

Retention

We retain personal information only as long as reasonably necessary for the purposes described, including the duration of an account or Customer instruction, applicable limitation periods, security and fraud prevention, backup cycles, dispute resolution, and tax, accounting, contractual, or legal obligations. Retention depends on data type, sensitivity, volume, risk, legal requirements, and whether deletion is technically and commercially feasible. Information may remain temporarily in protected backups and legal holds after deletion from active systems. We may retain de-identified information where we commit not to re-identify it except as permitted by law.

Security

BrandNova uses safeguards designed to protect personal information, which may include access controls, tenant separation, logging, authentication, encryption in transit, vendor review, backups, and incident procedures as appropriate to risk. No method is completely secure. Customers must follow the shared-responsibility obligations above. If you believe an account or data is compromised, contact us immediately.

International transfers

BrandNova operates from the United States and may use providers in the United States and other countries. Information may therefore be processed where privacy laws differ from those in your jurisdiction. Where required, we use appropriate safeguards for restricted transfers, which may include standard contractual clauses or another lawful mechanism.

Children

The Services are intended for business users age 18 and older and are not directed to children. Customers must not use the Services to collect personal information from children without BrandNova’s written approval and all required parental consent and legal safeguards. If we learn that we collected a child’s personal information directly in violation of applicable law, we will take appropriate deletion steps.

Third-party links and Customer experiences

The Services may link to or appear within Customer or third-party websites. Their privacy practices are not controlled by BrandNova. A Customer poll, event, roster, checkout, widget, or communication may be governed by that Customer’s own privacy notice in addition to this Notice. Contact the relevant Customer for its practices and requests.

18. Privacy rights and choices

Depending on where you live and subject to exceptions, you may have rights to request access, confirmation, correction, deletion, portability, restriction, objection, or a copy of personal information; to opt out of sale, sharing, targeted advertising, or certain profiling; to withdraw consent; and to receive non-discriminatory treatment for exercising rights.

Submitting a request

Email Support@focalpointagency.com with the subject “BrandNova Privacy Request.” Describe the right you wish to exercise, your relationship to BrandNova, and the email or account involved. We will verify requests proportionately and may request additional information. Authorized agents must provide proof of authority, and we may verify identity directly with the individual. If we deny a request, residents with an appeal right may reply with “Privacy Appeal.” You may also complain to your local privacy regulator.

Customer Data requests

If your information was submitted by a BrandNova Customer, send the request to that Customer first. We will assist the Customer as required by contract and law but may not be authorized to respond directly.

California and other U.S. state disclosures

The category table above describes the categories of personal information we collect, sources, purposes, and disclosures. We may have collected the listed categories during the preceding 12 months and disclosed them for the business purposes described. Retention criteria are stated above. We do not use or disclose sensitive personal information for purposes that require a right to limit under California law unless stated at collection. We do not discriminate for exercising privacy rights.

California residents may also request information under the “Shine the Light” law regarding certain disclosures for direct marketing. Nevada and other eligible residents may submit applicable opt-out requests using the same contact method.

European Economic Area, United Kingdom, and Switzerland

Where applicable, you may object to processing based on legitimate interests, request restriction or portability, withdraw consent without affecting prior processing, and lodge a complaint with a supervisory authority. Contractual or legally required information may be necessary to provide an account. BrandNova does not use solely automated decisions that produce legal or similarly significant effects about direct account users unless disclosed with legally required safeguards.

19. Contact, legal notices, and privacy inquiries

BrandNova is a service operated by Focal Point Agency. Send legal, security, billing, accessibility, copyright, arbitration opt-out, and privacy inquiries to:

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