Terms of Service
Effective: May 9, 2026 · Last updated: May 9, 2026
These Terms of Service (“Terms”) govern your access to and use of the website at brackwell9.com (the “Site”) and any software, applications, products, or services that Brackwell9 LLC (“Brackwell9,” “we,” “us,” or “our”) makes available and that link to or reference these Terms (collectively, the “Services”).
By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
1. Eligibility
You must be at least 16 years old to use the Services. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to that organization.
2. The Services
The Site is an informational marketing website. We may also offer custom software development services and software-as-a-service products from time to time. Custom engagements and certain SaaS offerings are governed by separate written agreements as described below.
2.1 Custom development engagements
Custom software development, consulting, and similar services we perform for clients are governed by a separate signed agreement — typically a master services agreement, statement of work, order form, or similar document (each, a “Client Agreement”). In the event of any conflict between a Client Agreement and these Terms with respect to the engagement, the Client Agreement controls.
2.2 SaaS products
If we make a SaaS product available, additional product-specific terms (e.g., a subscription agreement, order form, or acceptable use policy) may apply. Where those product terms conflict with these Terms, the product terms control with respect to that product.
3. Your Use of the Services
You agree not to:
- violate any applicable law, regulation, or third-party right;
- reverse engineer, decompile, or attempt to derive the source code of any Service, except to the extent applicable law expressly prohibits such restriction;
- interfere with, disrupt, or impose an unreasonable load on the Services or the infrastructure that supports them;
- attempt to gain unauthorized access to any part of the Services, other accounts, or connected systems;
- use the Services to send unsolicited communications, malware, or other harmful or unlawful content;
- scrape, crawl, or use automated means to access the Services in a manner that exceeds reasonable use; or
- use the Services to develop a competing product, or to train artificial-intelligence models, in each case without our prior written consent.
4. Intellectual Property
4.1 Our content
The Services, including all software, text, graphics, logos, designs, and other content (other than User Content, defined below), are owned by Brackwell9 or its licensors and are protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for their intended purpose.
4.2 User content
If you submit content to the Services — for example, in a contact form message or within a SaaS product (“User Content”) — you retain ownership of that User Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, modify (for technical purposes such as formatting), and display that User Content solely as needed to provide the Services and as otherwise permitted by these Terms.
4.3 Feedback
If you provide feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or obligation to you.
5. Third-Party Services
The Services may rely on or interoperate with third-party services (e.g., hosting, email delivery, analytics). We are not responsible for those third-party services, and your use of them may be subject to their own terms and policies.
6. Fees and Payment
Use of the Site is currently free. Custom engagements and SaaS products may be subject to fees as set out in the applicable Client Agreement, order form, or product terms. Unless otherwise stated, fees are non-refundable, and you are responsible for any taxes other than taxes based on our net income.
7. Confidentiality
Confidentiality obligations relating to client engagements are addressed in the applicable Client Agreement. Independent of any Client Agreement, each party agrees to use reasonable care to protect non-public information received from the other party that is marked confidential or that a reasonable person would understand to be confidential, and not to disclose it except as permitted by these Terms or required by law.
8. Disclaimers
The Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by applicable law, Brackwell9 disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or trade usage. We do not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components, or that any defects will be corrected.
Warranties (if any) made by Brackwell9 in connection with a custom engagement are set out exclusively in the applicable Client Agreement.
9. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will Brackwell9, its affiliates, or its or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, business interruption, or cost of substitute services, arising out of or relating to these Terms or the Services, even if advised of the possibility of such damages.
Brackwell9’s total cumulative liability arising out of or relating to these Terms or the Services will not exceed the greater of (a) the amount you paid Brackwell9 for the applicable Service in the twelve (12) months immediately preceding the event giving rise to the liability, or (b) one hundred U.S. dollars ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits any liability that cannot be limited under applicable law.
10. Indemnification
You will indemnify, defend, and hold harmless Brackwell9 and its affiliates, and its and their respective officers, directors, employees, and agents, from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your use of the Services in violation of these Terms or applicable law; (b) any User Content you submit; or (c) your violation of any third-party right, including any intellectual property or privacy right.
11. Termination
We may suspend or terminate your access to the Services at any time, with or without notice, including for violation of these Terms. You may stop using the Services at any time. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitations of liability, indemnification, and governing law — will survive termination of these Terms.
12. Governing Law and Disputes
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. The exclusive venue for any dispute arising out of or relating to these Terms or the Services that is not subject to mandatory arbitration or small claims court will be the state or federal courts located in Sacramento County, California, and each party consents to the personal jurisdiction of those courts.
Informal resolution. Before filing any claim, you agree to attempt to resolve
the dispute informally by contacting us at
13. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, for material changes, provide additional notice through the Site or by other reasonable means. Your continued use of the Services after the changes take effect constitutes acceptance of the updated Terms.
14. Miscellaneous
These Terms, together with any Client Agreement, product terms, and our Privacy Policy that apply to you, constitute the entire agreement between you and Brackwell9 regarding the Services and supersede any prior agreements regarding the same subject matter. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any right or provision is not a waiver of that right or provision. You may not assign these Terms without our prior written consent; we may assign them without restriction. The parties are independent contractors, and these Terms do not create any partnership, joint venture, employment, or agency relationship.
15. Contact
If you have questions about these Terms, contact us at:
Brackwell9 LLC
2108 N St, Ste N
Sacramento, CA 95816
United States