Terms of Service

These Terms of Service ("Terms") are a legal agreement between you and Inceptly LLC, a Delaware limited liability company doing business as Bratrax ("Bratrax," "we," "us," or "our"). By creating a Bratrax account, accessing the Service, or clicking "I agree" (or a similar button), you agree to these Terms. If you do not agree, do not use the Service.

If you are accepting these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" and "Customer" mean that entity.

1. Definitions

• "Service" means the Bratrax attribution analytics product, including the Bratrax Lite self-serve tier and the Bratrax Clear Vision service tier, the bratrax.com website, and any related software, APIs, dashboards, and documentation we make available to you.
• "Customer Data" means data you submit to the Service or that we collect from third-party platforms you connect (including Shopify, Meta, Google, and similar sources), together with any reports, dashboards, or outputs we generate from that data on your behalf.
• "Connected Platform" means any third-party service you connect to Bratrax through OAuth or a similar mechanism.
• "User" means an individual you authorize to access the Service under your account.
• "Documentation" means Bratrax's then-current written user documentation for the Service.
• "Order Form" means a separately executed order document for the Clear Vision tier. The Clear Vision tier is governed by these Terms and the applicable Order Form; in a conflict between the two, the Order Form controls.

2. The Service

2.1 Lite tier

Bratrax Lite is a self-serve subscription. It includes the features described on bratrax.com or in the Documentation at the time you subscribe, including pre-built dashboards, five attribution models, and queryable access to your dedicated ClickHouse data layer.

2.2 Clear Vision tier

Bratrax Clear Vision is a custom service tier that includes a dedicated analyst, bespoke data models, and strategic reviews. Clear Vision engagements are governed by an Order Form in addition to these Terms.

2.3 Beta features

From time to time, we may make beta, preview, or experimental features available. Beta features are provided "as is," may be discontinued at any time, and are not covered by any service commitments in these Terms.

3. Accounts and Authorized Users

3.1 Registration

To use the Service, you must create an account and provide accurate, current, and complete information. You are responsible for keeping your account credentials confidential.

3.2 Authorized users

You may grant access to the Service to your employees, contractors, and agents ("Users"). You are responsible for (i) your Users' compliance with these Terms, (ii) the accuracy and legality of all Customer Data they submit, and (iii) all activity that occurs under your account.

3.3 Eligibility

The Service is not intended for individuals under 18 or for use by entities located in jurisdictions embargoed by the United States. By creating an account, you represent that you are at least 18 and not prohibited from using the Service under applicable law.

4. Fees, Payment, and Renewal

4.1 Lite subscription fees

Lite plans are billed monthly in advance at the price listed on bratrax.com at the time of purchase, or, for founding members, at the founding-member rate of $79 per month (see Section 4.5). The first month of a new Lite subscription is billed at one dollar (US$1.00) as a comparison-period charge (see Section 4.3); subsequent monthly billing cycles renew on the Customer's monthly anniversary date at the rate at which the Customer subscribed. All fees are in U.S. dollars and are non-refundable.

4.2 Payment processor

Billing is handled by our payment processor and merchant of record, Lemon Squeezy. By subscribing, you authorize Lemon Squeezy to charge your payment method on a recurring monthly basis. Your relationship with Lemon Squeezy is governed by its own terms and privacy policy. Bratrax does not store your full payment card details.

4.3 First-month comparison period; non-refundable trial fee

New Lite subscriptions begin with a one-dollar (US$1.00) first-month comparison period, during which Customer may run Bratrax beside any other attribution tool. The $1.00 trial fee is non-refundable. Customer may cancel the subscription at any time before the monthly renewal date (see Section 4.4); on timely cancellation, Customer will not be charged the recurring monthly subscription rate. Bratrax does not offer refunds for the $1.00 trial fee, for monthly subscription renewals after the first month, or for the Clear Vision tier.

4.4 Automatic renewal and cancellation

Lite subscriptions renew automatically each month until you cancel. For new Lite subscriptions, the first-month comparison period (Section 4.3) renews on the monthly anniversary of the subscription start date at the rate at which Customer subscribed. Bratrax sends a renewal reminder approximately seven days before each renewal date. You may cancel at any time through your account settings or by emailing support@bratrax.com. Cancellation takes effect at the end of the then-current monthly billing cycle; you will continue to have access through that date.

4.5 Founding-member pricing

For the first 100 Customers who subscribe to Bratrax Lite during the founding launch period (June 15, 2026 through end of day June 21, 2026, or until 100 founding subscriptions are activated, whichever occurs first) ("Founding Members"), the subscription rate of $79 per month is locked for the lifetime of the subscription, provided the subscription remains continuously active. After the founding launch period closes, new subscriptions are at the then-current standard rate ($99 per month at launch). If a Founding Member cancels, allows the subscription to lapse for non-payment, or terminates for any reason, the founding-member rate is forfeited; re-subscription will be at the then-current standard rate.

4.6 Taxes

Fees do not include taxes. Lemon Squeezy, as merchant of record, collects and remits applicable sales, use, and value-added taxes. You are responsible for any other taxes arising from your use of the Service.

4.7 Late or failed payments

If a payment fails, we or Lemon Squeezy may retry the charge. If payment is not made within 14 days of the original due date, we may suspend or terminate your access. Reactivation after a failed payment may require settlement of the outstanding amount.

4.8 Price changes

We may change pricing for the Service by giving you at least 30 days' notice before a renewal. Founding-member rates under Section 4.5 are not subject to increase for so long as the subscription remains continuously active.

5. Customer Data and Licenses

5.1 Your ownership

As between you and Bratrax, you own all right, title, and interest in Customer Data. Nothing in these Terms transfers ownership of Customer Data to us.

5.2 License to Bratrax

You grant Bratrax a worldwide, non-exclusive, royalty-free license to access, use, store, copy, transmit, process, and display Customer Data solely to (i) provide and maintain the Service, (ii) prevent or address service or technical problems, (iii) comply with your instructions, and (iv) exercise the other rights expressly granted in these Terms.

5.3 Aggregated and anonymized data

We may create aggregated and de-identified data from Customer Data ("Aggregated Data"). Aggregated Data does not identify you, any User, or any individual. We may use Aggregated Data (i) to operate, improve, and develop the Service; (ii) to publish industry benchmarks and other aggregated research; and (iii) to reference aggregated customer outcomes in our marketing materials. We will not identify you by name in any public benchmark or marketing material without your express written consent.

Opt-out. You may opt out of having your data included in publicly published benchmarks by emailing support@bratrax.com. Opting out does not affect your use of the Service or our internal use of Aggregated Data for product improvement.

5.4 Connected Platforms

When you connect a third-party platform to Bratrax through OAuth, you authorize Bratrax to access and process the data that platform exposes to us. Your use of each Connected Platform is governed by its own terms, and you are responsible for complying with them. You can revoke Bratrax's access at any time from the Connected Platform.

5.5 Responsibility for Customer Data

You represent and warrant that (i) you have all rights, licenses, and consents necessary to connect Connected Platforms and submit Customer Data to the Service, and (ii) Customer Data and your use of the Service comply with applicable law, including data protection and advertising laws.

5.6 Per-customer isolation

Bratrax maintains logical and access-control separation between customers' data. We do not commingle one customer's data with another's.

5.7 Prohibited data

You must not submit to the Service, or connect a Connected Platform containing, (i) information protected under HIPAA or similar health-privacy laws, (ii) personal information of children under 16, (iii) financial account numbers or payment card data (beyond what Lemon Squeezy handles for billing), (iv) government identifiers (such as Social Security numbers or passport numbers), or (v) any other category of sensitive personal information that we specify from time to time.

5.8 Data Processing Agreement

For Customers subject to the GDPR, UK GDPR, or similar data protection laws, Bratrax will execute a Data Processing Agreement on written request to support@bratrax.com. See our Privacy Policy, Section 11 (Our Role: Controller and Processor), for further information on Bratrax's role in processing Customer Data.

6. Acceptable Use

You agree not to, and not to permit any User to:

1. Use the Service to violate any applicable law or third-party right.
2. Copy, modify, or create derivative works of the Service, except as expressly allowed by these Terms.
3. Reverse engineer, decompile, or otherwise attempt to derive the source code of the Service.
4. Rent, resell, or sublicense the Service, or use it to operate a substantially similar service or to benchmark it against a competing product.
5. Scrape, crawl, or harvest data from the Service other than through supported APIs and your own ClickHouse instance.
6. Circumvent or attempt to circumvent any Connected Platform's terms of service, rate limits, or technical controls.
7. Use the Service to send spam or unsolicited communications.
8. Interfere with the security or integrity of the Service, upload malicious code, or probe for vulnerabilities without our prior written consent.
9. Use the Service if you are a competitor attempting to build a competing product.

7. Bratrax Intellectual Property

7.1 Our ownership

Bratrax owns all right, title, and interest in the Service, the Site, the Documentation, our attribution models, our software, and all related intellectual property. Except for the limited rights expressly granted to you in these Terms, no rights are transferred to you.

7.2 License to you

Subject to these Terms and your timely payment of fees, Bratrax grants you a non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes during the subscription term.

7.3 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant Bratrax a perpetual, irrevocable, royalty-free, worldwide license to use and incorporate that feedback into the Service without any obligation to you.

8. Third-Party AI Providers and the Model Context Protocol

Bratrax supports the Model Context Protocol (MCP) and similar mechanisms that allow you to connect a third-party AI provider (such as Anthropic's Claude or OpenAI's ChatGPT) to query Customer Data through Bratrax. You acknowledge and agree that:

1. When you connect an AI provider, Customer Data you query through that provider leaves Bratrax and is processed by the provider under your contract with it.
2. The AI provider's own terms, privacy policy, and security practices govern what it does with Customer Data. Bratrax is not a subprocessor in that data flow.
3. Bratrax is not responsible for the AI provider's outputs, for any errors or hallucinations in those outputs, or for the provider's data practices.
4. You are solely responsible for compliance with the AI provider's terms, including any restrictions on regulated data.

9. Attribution Accuracy

Bratrax provides directional attribution intelligence. No attribution product — Bratrax or otherwise — can guarantee perfect attribution accuracy in a multi-touch, cross-channel environment. We commit to making Bratrax's attribution numbers consistent, transparent, and traceable to source — but not exact. You acknowledge that attribution outputs are estimates based on the data available, the attribution model selected, and the inherent limitations of cross-platform measurement. You agree not to rely on attribution outputs as the sole basis for material business decisions without independent verification.

10. Availability and Support

10.1 Lite tier

We provide best-effort email support at support@bratrax.com. We typically respond within one to two business days but do not commit to a formal service level agreement at the Lite tier. We use commercially reasonable efforts to keep the Service available but do not guarantee uptime. Scheduled maintenance may occur from time to time.

10.2 Clear Vision tier

Support commitments and service levels for Clear Vision, if any, are set out in the applicable Order Form.

11. Warranties and Disclaimers

11.1 Mutual warranties

Each party represents that it has the full power and authority to enter into these Terms and perform its obligations.

11.2 Disclaimer

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND BRATRAX DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. BRATRAX DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED. BRATRAX DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY ATTRIBUTION OUTPUTS OR OTHER RESULTS YOU OBTAIN FROM THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU.

12. Limitation of Liability

12.1 No indirect damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY.

12.2 Damages cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO BRATRAX IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12.3 Scope

The limitations in this Section 12 apply to all claims, whether in contract, tort (including negligence), strict liability, or any other theory, and whether or not a party has been advised of the possibility of such damages. They do not apply to (i) either party's breach of confidentiality, (ii) your breach of Section 6 (Acceptable Use) or Section 7 (Bratrax Intellectual Property), (iii) your payment obligations, or (iv) any liability that cannot be limited or excluded under applicable law.

13. Indemnification

13.1 By Customer

You will defend, indemnify, and hold harmless Bratrax and its officers, directors, employees, and agents from and against any third-party claim, demand, action, or proceeding, and any resulting losses, damages, liabilities, and expenses (including reasonable attorneys' fees), arising out of (i) Customer Data, (ii) your use of the Service in violation of these Terms or applicable law, (iii) your breach of Section 5.5 (Responsibility for Customer Data) or Section 6 (Acceptable Use), or (iv) your violation of any Connected Platform's terms.

13.2 By Bratrax

Bratrax will defend you against any third-party claim alleging that the Service, as provided by Bratrax and used in accordance with these Terms, infringes a third party's intellectual property right, and will pay amounts finally awarded against you by a court of competent jurisdiction, or agreed in settlement by Bratrax. Bratrax's obligation does not apply to claims arising from (i) Customer Data, (ii) combinations of the Service with products or services not provided by Bratrax, or (iii) your modifications to the Service. If the Service becomes, or in Bratrax's opinion is likely to become, the subject of an infringement claim, Bratrax may at its option (a) modify the Service to be non-infringing, (b) obtain a license allowing continued use, or (c) terminate your subscription and refund fees prepaid for the unused portion of the term.

13.3 Process

The indemnified party must (i) promptly notify the indemnifying party of the claim, (ii) give the indemnifying party sole control over the defense and settlement (provided no settlement may admit liability of or impose material obligations on the indemnified party without its consent), and (iii) cooperate reasonably at the indemnifying party's expense.

14. Confidentiality

Each party may receive non-public information from the other that is marked or reasonably understood to be confidential ("Confidential Information"). The receiving party will (i) use Confidential Information only to exercise its rights and perform its obligations under these Terms, (ii) protect it with at least the same care it uses for its own confidential information of similar sensitivity (and no less than reasonable care), and (iii) not disclose it to any third party except to its employees, contractors, and advisors with a need to know who are bound by confidentiality obligations at least as protective as those in these Terms. Confidential Information does not include information that is or becomes publicly available without breach, is independently developed, or is lawfully received from a third party without restriction. The receiving party may disclose Confidential Information as required by law if it gives the disclosing party prompt notice (where legally permitted) and reasonable cooperation in contesting the disclosure. Customer Data is your Confidential Information.

15. Term and Termination

15.1 Term

These Terms take effect when you first accept them and continue until terminated.

15.2 Termination for convenience

You may cancel your subscription at any time under Section 4.4. Cancellation does not entitle you to a refund of any fees already paid, including the $1.00 first-month trial fee (Section 4.3) and any monthly subscription charges.

15.3 Termination for cause

Either party may terminate these Terms and your subscription if the other party materially breaches these Terms and fails to cure the breach within 30 days of written notice. Bratrax may suspend or terminate your access immediately and without notice if (i) you fail to pay fees when due, (ii) you violate Section 6 (Acceptable Use) or Section 7 (Bratrax Intellectual Property), or (iii) we reasonably believe continued access presents a security or legal risk.

15.4 Post-termination data handling

On termination or cancellation, you will have 30 days from the effective date of termination to export your data through the Service, including your ClickHouse instance. For up to 150 additional days (180 days total), we will retain Customer Data in cold storage, from which you may request a restore by emailing support@bratrax.com. After 180 days, we will permanently delete Customer Data, subject to narrow exceptions where law requires us to retain it. On your earlier written request, we will delete Customer Data within 30 days, subject to the same exceptions.

15.5 Survival

Sections 1 (Definitions), 4.6 (Taxes), 5.1 (Your ownership), 5.3 (Aggregated Data) to the extent the data was created before termination, 5.7 (Prohibited data), 7 (Bratrax IP), 11 (Warranties), 12 (Limitation of Liability), 13 (Indemnification), 14 (Confidentiality), 15.4 (Post-termination data handling), 16 (Governing Law), 17 (Dispute Resolution), and 18 (General) survive termination.

16. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17. Dispute Resolution

17.1 Informal resolution

Before filing a claim, you agree to attempt to resolve the dispute informally by emailing support@bratrax.com with a written description of the dispute. We will attempt to resolve the dispute informally for at least 30 days before either party may initiate arbitration.

17.2 Binding arbitration

ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE THAT IS NOT RESOLVED INFORMALLY WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS COMMERCIAL ARBITRATION RULES. The seat of arbitration is Delaware. The arbitration will be conducted in English. Judgment on the award may be entered in any court of competent jurisdiction.

17.3 Class action waiver

YOU AND BRATRAX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this class-action waiver is held unenforceable, then the entirety of Section 17.2 will be void, and the parties will instead litigate in the courts identified in Section 17.4.

17.4 Exceptions

Either party may (i) seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information, and (ii) bring an individual action in small-claims court for claims within its jurisdictional limits. The state and federal courts located in Delaware have exclusive jurisdiction over any action not subject to arbitration.

17.5 Jury trial waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS.

18. General

18.1 Changes to these Terms

We may update these Terms from time to time. If we make a material change, we will notify you by email or through the Service at least 30 days before the change takes effect. Your continued use of the Service after the effective date of the change constitutes acceptance. If you do not agree, your remedy is to cancel your subscription under Section 4.4.

18.2 Notices

We may provide notices to you by email to the address associated with your account or by posting in the Service. You must send notices to Bratrax to support@bratrax.com or by mail to Inceptly LLC, 131 Morninghill Drive, Columbia, SC 29210, USA.

18.3 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets. Any assignment in violation of this section is void.

18.4 Force majeure

Neither party is liable for failure to perform due to causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government action, labor disputes, power outages, internet outages, and failures of third-party services. Payment obligations are not excused.

18.5 Relationship

The parties are independent contractors. These Terms do not create any agency, partnership, joint venture, or employment relationship.

18.6 No third-party beneficiaries

These Terms do not create any third-party beneficiary rights.

18.7 Severability

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties' original intent.

18.8 Waiver

No waiver of any provision is effective unless in writing and signed by the waiving party. Failure to enforce a provision is not a waiver of future enforcement.

18.9 Entire agreement

These Terms (together with the Privacy Policy, any applicable Order Form, and any other documents expressly referenced) constitute the entire agreement between the parties regarding the Service and supersede all prior and contemporaneous agreements and understandings.

19. Copyright and DMCA

If you believe content made available through the Service infringes your copyright, send a notice complying with the Digital Millennium Copyright Act to support@bratrax.com with (i) your signature; (ii) identification of the copyrighted work claimed to be infringed; (iii) identification of the allegedly infringing material and its location; (iv) your contact information; (v) a statement that you have a good-faith belief that the use is not authorized; and (vi) a statement under penalty of perjury that the information is accurate and that you are authorized to act on behalf of the copyright owner. We will respond in accordance with the DMCA.

20. Contact

Email: support@bratrax.com
Mail: Inceptly LLC, 131 Morninghill Drive, Columbia, SC 29210, USA