Terms of Service

These terms govern your use of our services and establish the foundation of our business relationship.

Last Updated: January 2025

1. Agreement to Terms

By engaging Brainiak Consulting's services or using our website, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services or website.

2. About Brainiak Consulting

Brainiak Consulting is a marketing and communications consultancy based in Taiwan, providing AI-optimized, human-curated services including brand development, digital marketing, SEO strategy, video production, presentations & training, and AI implementation services.

3. Services

3.1 Service Offerings

We provide the following consulting services:

  • Brand Development and Strategy
  • Digital Marketing and Campaign Management
  • SEO Strategy and Implementation
  • Video Production and Content Creation
  • Presentations and Training Services
  • AI Training and Implementation
  • Related consulting and advisory services

3.2 Service Delivery

Services are delivered according to agreed project scopes, timelines, and specifications outlined in individual service agreements or statements of work. We reserve the right to modify service delivery methods to improve quality and efficiency.

4. Client Responsibilities

As our client, you agree to:

  • Provide accurate, complete, and timely information necessary for service delivery
  • Respond to requests for feedback, approvals, and materials within agreed timeframes
  • Ensure you have necessary rights and permissions for materials you provide
  • Pay all fees according to agreed payment terms
  • Comply with applicable laws and regulations in your use of our services
  • Maintain confidentiality of proprietary methodologies and processes we share

5. Payment Terms

5.1 Fees and Payment

Service fees are specified in individual project agreements. Unless otherwise agreed:

  • Payment terms are typically 30 days from invoice date
  • Late payments may incur interest charges of 1.5% per month
  • All fees are exclusive of applicable taxes
  • Payments are non-refundable except as specifically provided in project agreements

5.2 Expenses

Client will reimburse reasonable out-of-pocket expenses incurred in connection with services, including travel, accommodation, and third-party costs, with prior approval where required.

6. Intellectual Property

6.1 Client Materials

You retain ownership of all materials, content, and intellectual property you provide to us. You grant us a license to use such materials solely for the purpose of providing services to you.

6.2 Work Product

Upon full payment of fees, you will own the final deliverables specifically created for you. We retain ownership of:

  • Our methodologies, processes, and know-how
  • Pre-existing intellectual property and tools
  • General knowledge and experience gained
  • Rights to use project experience for case studies (with your consent)

6.3 Third-Party Materials

Any third-party materials incorporated into deliverables remain subject to their respective licenses and terms of use.

7. Confidentiality

We maintain strict confidentiality regarding your business information, strategies, and proprietary data. We will:

  • Keep all client information confidential
  • Use information solely for providing services to you
  • Implement appropriate security measures to protect your data
  • Not disclose information to third parties without your consent
  • Return or destroy confidential information upon request

8. Warranties and Disclaimers

8.1 Service Warranty

We warrant that our services will be performed with professional skill and care consistent with industry standards. If services fail to meet this standard, our sole obligation is to re-perform the deficient services.

8.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Our total liability for any claim will not exceed the fees paid for the specific services giving rise to the claim
  • We will not be liable for indirect, consequential, special, or punitive damages
  • We are not liable for results, outcomes, or business performance
  • Our liability is limited to direct damages actually incurred

10. Indemnification

You agree to indemnify and hold us harmless from claims arising from:

  • Your use of our services or deliverables
  • Your breach of these Terms or applicable laws
  • Materials or information you provide to us
  • Your business operations and decisions

11. Termination

11.1 Termination Rights

Either party may terminate services:

  • For convenience with 30 days written notice
  • Immediately for material breach that remains uncured after 15 days notice
  • Immediately if the other party becomes insolvent or bankrupt

11.2 Effect of Termination

Upon termination:

  • You will pay for all services performed through the termination date
  • We will deliver completed work product
  • Both parties will return confidential information
  • Provisions regarding confidentiality, intellectual property, and liability will survive

12. Force Majeure

Neither party will be liable for delays or failures due to circumstances beyond their reasonable control, including natural disasters, government actions, pandemics, or other force majeure events.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of Taiwan (Republic of China), without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes will be resolved through:

  • Good faith negotiation between the parties
  • Mediation if negotiation fails
  • Arbitration or litigation in Taiwan courts as a last resort

14. General Provisions

14.1 Entire Agreement

These Terms, together with any signed service agreements, constitute the entire agreement between the parties and supersede all prior agreements and understandings.

14.2 Modifications

We may update these Terms from time to time. Material changes will be communicated to active clients. Continued use of our services constitutes acceptance of updated Terms.

14.3 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

14.4 Assignment

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations with reasonable notice to you.

15. Contact Information

For questions about these Terms or our services, please contact us:

Brainiak Consulting
Email: info@brainiakconsulting.com
Phone: +886 987 117 699 (Tom) or +886 939 147 607 (Jane)
Address: Taipei, Taiwan

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.