These Terms of Services (“Terms”) control the use of Brane Audio, LLC’s (“Brane Audio,” “our,” “us,” or “we”) Website, Mobile App, and Services.

By accessing the Website, Mobile App, and/or the Services, you are bound by all terms and conditions in these Terms and our Privacy Policy. If you do not wish to be bound, you may not access the Website, Mobile App, and/or the Services. If you are accepting these Terms on behalf of a company, organization, government, or other legal entity, you represent and warrant that (a) you are authorized to do so, (b) the entity agrees to be legally bound by the Terms, and (c) neither you nor the entity are barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction.

1. Introduction.

a. Scope.

These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products, which are governed by their own terms of service.

b. Incorporated Terms.

The following policies, guidelines, and agreements (“Incorporated Terms”) are hereby incorporated into, and form an integral part of, the Terms to which you are agreeing to be bound:

i. Privacy Policy

ii. Mobile App Terms

c. Certain Definitions.

i. “Services” means all Brane Audio products (including Brane X), services, and materials located on or accessible through the Website and the Brane Audio Mobile App.

ii. “Third-Party Products” means any third-party information, website, product, service, or materials referenced in, accessible through, or provided in connection with, the Website or Services.

iii. “Website” means the Brane Audio website located at https://braneaudio.com/ (including all associated internet country codes).

2. Eligibility.

The Services and Website are available only to persons who are the age of majority and can form legally binding contracts under applicable law. Without limiting the foregoing, the Services and Website are not intended to be used by individuals under the age of 18. If you do not qualify, please do not use the Services or access the Website.

3. Use Restrictions.

This is an agreement for Services, and you are not granted a license to any software by these Terms. Except as permitted and non-excludable under applicable law, you will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Services or any software, documentation or data related to the Services (“Software”); modify, translate or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.

4. Intellectual Property.

a. Restrictions.

All rights not expressly granted by Brane Audio to you in these Terms are hereby reserved by Brane Audio. There are no implied rights save to the extent rights cannot be excluded by applicable law. You may not use, imitate, or copy, in whole or in part, any Brane Audio trademark, service mark, trade dress, logo, or other branding (collectively, “Marks”) without, in each instance, Brane Audio’s prior written consent, in Brane Audio’s discretion. All permitted use of Brane Audio’s Marks will inure to the benefit of Brane Audio.

b. Ownership.

As between the parties, the Website and Services, including, without limitation, any and all Software, documentation, images, video, content, logos, page headers, custom graphics, design and user interface elements, scripts, and other materials contained therein or provided in connection therewith, and all modifications, enhancements, and updates thereto, as well as all intellectual property Rights associated with any of these materials (collectively, "Brane Audio IP") are owned by Brane Audio and/or its third party sponsors, partners, and suppliers. You have no right or license in or to the Brane Audio IP other than the right to use the Services, in compliance with the Terms.

c. Notice of Intellectual Property Infringement

Brane Audio respects copyright laws and intellectual property rights, and we expect and encourage our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), which you may find in full on the U.S. Copyright Office website, Brane Audio will do our best to respond with due diligence to claims of copyright infringement when such claims are reported to us using the sample notice form below.

i. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed in our Services, please provide substantially the following information to our Copyright Agent:

DMCA NOTICE OF ALLEGED INFRINEGEMENT (“NOTICE”)

• Identify the copyrighted work that you claim has been infringed or a list of copyrighted works that you claim have been infringed.

• Provide your personal or company name, mailing address, telephone number, and email address.

• In the body of such notice, you must include a statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, agent, or the law.

• A statement that the information in such notice is accurate and, under penalty of perjury, that you as the complaining party are the owner or authorized to act on behalf of the owner.

Brane Audio’s copyright agent can be reached as follows:

Brane Audio, LLC