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 INFRINGEMENT (“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
Limited Warranty:
What is covered by the Brane Audio limited warranty?
Brane Audio, LLC (“Brane Audio”) warrants your Brane X Smart Speaker (the “Speaker”) against defects in manufacturing, materials and workmanship for a period of one (1) year from the date of purchase when the Speaker is purchased directly from Brane Audio or an authorized retailer. The Speaker must be delivered to you from Brane Audio or an authorized retailer in new condition and in original packaging and used in normal conditions. This limited warranty extends only to the original end-use purchaser and shall not be extended to any other person or transferee. This limited warranty applies to physical goods, and only to physical goods, purchased from Brane Audio or an authorized retailer.
During the warranty period, in case of a covered warranty defect, the Speaker or components of the Speaker, at Brane Audio’s option, will be (a) repaired using new or refurbished parts or (b) replaced with an equivalent new or refurbished product, in each case, without charge for either parts or labor. Any warranty service or replacement that is performed will not extend the original warranty period.
What is not covered by this limited warranty?
This limited warranty does not cover damage or failures that are a result of:
- Damage caused by accident, unreasonable use or neglect (including the lack of reasonable and necessary maintenance).
- Damage to, or deterioration of, any accessory or decorative surface.
- Damage resulting from failure to follow instructions contained in the Speaker’s packaging or on the Brane Audio website (braneaudio.com).
- Damage resulting from the unauthorized modification or customization of the Speaker or the performance of repairs by someone other than an authorized Brane Audio service center.
- Deterioration of component parts such as batteries, the nature of which is to become worn or depleted with use.
- Software and content provided by third parties or problems occurring due to modifications made by the software provider.
Prior to providing warranty service, Brane Audio may require you to provide proof of purchase details, including, but not limited to, a receipt or sales invoice.
TO THE EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY BRANE AUDIO. BRANE AUDIO DISCLAIMS ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALIFY, FITNESS FOR PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT), AND BRANE AUDIO’S LIABILITY SHALL BE LIMITED TO THE ORIGINAL PURCHASE PRICE OF THE SPEAKER.
If any portion of this limited warranty is held to be illegal or unenforceable, such partial illegality or unenforceability shall not affect the enforceability of the remainder of the limited warranty. Email support@braneaudio.com for additional information.
Return Policy:
Brane Audio offers a 30-day satisfaction guarantee from the date that your Speaker is shipped. If you are not satisfied with your purchase of the Speaker, then you have the option to return the Speaker and receive a full refund. Refunds will only be honored for undamaged and unaltered Speakers based on the same criteria covered under the manufacturing warranty.
To initiate a return, please email support@braneaudio.com with your name, email, and order number within thirty (30) days of the shipment of your Speaker.
