BrandThrive, LLC
brandthrive.co
Effective Date: June 26, 2026 | Last Updated: June 26, 2026
A2P 10DLC Compliant | TCPA Compliant | CTIA Compliant
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR WEBSITE OR ENGAGING OUR SERVICES. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.
These Terms of Service (“Terms,” “Agreement”) constitute a legally binding agreement between you (“Client,” “User,” or “you”) and BrandThrive, LLC, a Texas limited liability company (“BrandThrive,” “we,” “us,” or “our”), governing your access to and use of the services, website, and communications provided by BrandThrive, LLC, located at 3801 N Capital of Texas Hwy, Ste E240-3503, Austin, TX 78746.
These Terms incorporate by reference our Privacy Policy, available at https://brandthrive.co/privacy-policy/, which is an integral part of this Agreement.
By accessing our website at brandthrive.co, submitting an inquiry or contact form, signing a service agreement or proposal, making a payment, or receiving communications from BrandThrive — including SMS text messages — you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not have such authority, or if you do not agree to these Terms, you must not access or use our services.
We reserve the right to update or modify these Terms at any time. Material changes will be communicated via email or a notice on our website. Your continued use of our services after such notice constitutes acceptance of the revised Terms.
BrandThrive, LLC is a full-service digital marketing agency providing the following professional services (collectively, the “Services”):
The specific scope, deliverables, timeline, and pricing for Services provided to a Client will be set forth in a separate written proposal, statement of work, or service agreement (“Service Agreement”). In the event of any conflict between these Terms and a Service Agreement, the Service Agreement shall control with respect to the specific engagement.
BrandThrive reserves the right to modify, expand, or discontinue any Service offering at any time with reasonable notice to active clients.
IMPORTANT: THIS SECTION GOVERNS ALL SMS/TEXT MESSAGE COMMUNICATIONS FROM BRANDTHRIVE, LLC. BY PROVIDING YOUR MOBILE NUMBER AND OPTING IN, YOU AGREE TO THESE SMS TERMS. ALL SMS PROGRAMS OPERATE THROUGH REGISTERED A2P 10DLC CAMPAIGNS IN COMPLIANCE WITH TCPA AND CTIA GUIDELINES.
By providing your mobile telephone number and expressly consenting — whether through a web form, checkbox, verbal agreement (documented), or other opt-in mechanism — you agree to receive text messages (SMS/MMS) from BrandThrive, LLC at the number you provided. Consent to receive SMS messages is not a condition of purchasing any product or service.
Types of SMS messages you may receive include:
TO STOP RECEIVING SMS MESSAGES: Reply STOP to any text message from BrandThrive at any time. You will receive a one-time confirmation message and no further messages will be sent to your number unless you re-subscribe.
Additional opt-out methods:
Opt-out requests will be processed within 10 business days. After opting out, you will not receive further marketing SMS messages. Note that opting out of SMS does not affect other forms of communication, such as email, unless you separately unsubscribe from those.
FOR HELP: Reply HELP to any text message from BrandThrive to receive assistance. You may also contact us at miles@brandthrive.co or call 945-325-5661.
When you reply HELP, you will receive a message containing our contact information, a reminder of the program you are enrolled in, and instructions for opting out.
Message frequency varies depending on your engagement with our services and the specific program you have subscribed to. Typical message frequency ranges include:
We will not exceed the frequency disclosed at the time of your opt-in without obtaining additional consent.
Message and data rates may apply. Standard carrier message and data rates apply to all SMS/MMS messages sent and received. Contact your wireless carrier for details about your plan’s message and data rates.
BrandThrive, LLC does not charge any additional fees for SMS communications. Any costs incurred are between you and your wireless carrier.
BrandThrive, LLC is not liable for any delays or failures in the receipt of any SMS messages. Delivery of SMS messages is subject to effective transmission from your network operator. Mobile network operators are not liable for delayed or undelivered messages.
Supported carriers include but are not limited to: AT&T, Verizon, T-Mobile, Sprint, Boost Mobile, MetroPCS, U.S. Cellular, and most major U.S. wireless carriers. Service may not be available on all carriers or in all areas.
All SMS campaigns operated by BrandThrive, LLC are registered under the Application-to-Person (A2P) 10-Digit Long Code (10DLC) system as required by major U.S. wireless carriers and the CTIA. Our messaging programs are registered with the appropriate campaign registries and comply with all carrier requirements, The Campaign Registry (TCR) standards, and applicable provisions of the Telephone Consumer Protection Act (TCPA).
Our collection, use, and protection of information related to your SMS communications — including your phone number and consent records — is governed by our Privacy Policy, available at:
https://brandthrive.co/privacy-policy/
No mobile opt-in information or phone numbers will be shared with third parties or affiliates for their own marketing or promotional purposes.
By engaging BrandThrive’s services or using our website, you agree to the following responsibilities:
You agree to provide accurate, current, and complete information when submitting forms, entering into agreements, or communicating with us. You are responsible for notifying us of any changes to your contact information, business details, or other information that may affect service delivery.
You agree to cooperate with BrandThrive in the provision of services, including providing timely feedback, approvals, content, access credentials, and other materials required for us to perform our obligations. BrandThrive shall not be liable for delays caused by your failure to provide required materials or approvals within agreed timeframes.
If BrandThrive provides you with access credentials to any platform, dashboard, or portal, you are responsible for maintaining the confidentiality of those credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use or security breach.
You agree to comply with all applicable laws and regulations in connection with your use of our services and any marketing, communications, or activities conducted using assets or infrastructure we build or manage on your behalf. This includes, without limitation, compliance with TCPA, CAN-SPAM Act, GDPR (where applicable), FTC regulations, and applicable state consumer protection laws.
You are solely responsible for the accuracy, legality, and appropriateness of any content, materials, data, or information you provide to BrandThrive for use in delivering services. You represent and warrant that such content does not infringe any third-party intellectual property rights and does not violate any applicable laws.
You agree to pay all fees associated with your selected services in accordance with the pricing and payment terms set forth in your Service Agreement. Failure to remit payment by the agreed due date may result in suspension of services. Disputed charges must be raised in writing within 15 days of the invoice date.
You agree that you will not use BrandThrive’s services, website, or any communications platform or infrastructure provided by BrandThrive to:
BrandThrive reserves the right to suspend or terminate services immediately, without refund, if we determine in our sole discretion that you are engaging in any prohibited use. BrandThrive shall not be liable for any damages resulting from such termination.
All content, materials, tools, processes, methodologies, frameworks, templates, and technology created by or proprietary to BrandThrive — including but not limited to our website content, marketing systems, automation workflows, software configurations, and creative assets developed independently of any Client engagement — are and remain the exclusive intellectual property of BrandThrive, LLC. Nothing in these Terms transfers any ownership rights in BrandThrive’s proprietary assets to you.
Content, materials, logos, trademarks, and other intellectual property that you provide to BrandThrive for use in delivering services remain your exclusive property. You grant BrandThrive a limited, non-exclusive, royalty-free license to use such materials solely for the purpose of performing the agreed services during the term of your engagement.
Unless otherwise specified in a written Service Agreement, deliverables created specifically for a Client engagement (such as custom website designs, brand identity assets, ad creatives, and copy) shall be owned by the Client upon full payment of all outstanding fees. Deliverables remain the property of BrandThrive until payment is received in full.
Notwithstanding the foregoing, BrandThrive retains the right to use any work product as portfolio or case study material, with identifying information removed if the Client requests confidentiality in writing.
Some services rely on third-party platforms and tools (including GoHighLevel, Google products, and others). Your use of those platforms is also governed by the respective terms of service of those third parties. BrandThrive does not own and is not responsible for third-party platforms’ intellectual property or terms.
THE SERVICES AND WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BRANDTHRIVE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
BrandThrive does not guarantee specific marketing results, lead volumes, revenue outcomes, search engine rankings, or advertising performance. Digital marketing outcomes are influenced by numerous factors outside BrandThrive’s control, including market conditions, platform algorithm changes, consumer behavior, and competitive landscape. Any projections, forecasts, or examples of past results shared are illustrative only and not guarantees of future performance.
BrandThrive is not responsible for the performance, uptime, policies, or actions of any third-party platform, tool, or service used in connection with your engagement, including GoHighLevel, Google, Meta, or any advertising network. Changes to third-party platforms may affect service delivery, and BrandThrive shall not be liable for such changes.
BrandThrive does not warrant that our website or any platform we operate will be uninterrupted, error-free, or free of viruses or other harmful components. We reserve the right to modify, suspend, or discontinue any aspect of our website or services at any time without notice.
While BrandThrive takes commercially reasonable steps to ensure accurate and timely delivery of SMS and email communications, we do not warrant the delivery, timeliness, or accuracy of such communications. Deliverability is subject to factors beyond our control, including carrier routing, spam filters, and network conditions.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRANDTHRIVE, LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT THAT BRANDTHRIVE’S LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW, BRANDTHRIVE’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO BRANDTHRIVE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
The limitations of liability set forth in this Section shall apply regardless of the form of action, whether in contract, tort, strict liability, or otherwise, and shall survive termination or expiration of this Agreement.
You agree to indemnify, defend, and hold harmless BrandThrive, LLC and its members, managers, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of or inability to use the Services; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; (d) content or materials you provide to BrandThrive; or (e) your violation of any applicable law or regulation in connection with use of the Services.
All fees for Services are due and payable as set forth in the applicable Service Agreement. Unless otherwise specified:
If you dispute any charge, you must notify BrandThrive in writing within 15 days of the invoice date. Failure to dispute within this period constitutes acceptance of the charge.
This Agreement begins on the date you first access our services or execute a Service Agreement and continues until terminated by either party.
You may terminate your engagement with BrandThrive at any time by providing written notice as specified in your Service Agreement. Unless otherwise stated in a Service Agreement, a minimum of 30 days written notice is required. You remain responsible for fees accrued through the end of any notice period.
BrandThrive may terminate or suspend services: (a) immediately and without notice for material breach of these Terms or a Service Agreement, including non-payment or violation of the Acceptable Use Policy; or (b) with 30 days written notice for any other reason.
Upon termination: (a) your license to use any BrandThrive-developed platforms or tools ceases immediately; (b) outstanding fees become immediately due and payable; (c) each party shall promptly return or destroy confidential information of the other party; and (d) Sections 6, 7, 8, and 12 shall survive termination of this Agreement.
Each party agrees to keep confidential all non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. This obligation does not apply to information that: (a) is or becomes publicly known through no breach of this Agreement; (b) was rightfully known before receipt from the disclosing party; (c) is received from a third party without restriction; or (d) must be disclosed by law or court order, provided the receiving party provides prompt written notice to allow the disclosing party to seek a protective order.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the dispute through good-faith negotiation. Either party may initiate negotiation by providing written notice describing the dispute and the relief sought.
If the dispute is not resolved through negotiation within 30 days of written notice, either party may pursue resolution through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Travis County, Texas. The arbitrator’s decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
To the extent court proceedings are permitted under this Agreement, both parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas.
These Terms, together with any applicable Service Agreement and our Privacy Policy, constitute the entire agreement between you and BrandThrive with respect to the subject matter hereof, and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
The failure of BrandThrive to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of BrandThrive.
BrandThrive shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, internet or telecommunications failures, governmental actions, or changes in applicable law or regulations.
You may not assign or transfer these Terms or any rights or obligations hereunder without BrandThrive’s prior written consent. BrandThrive may assign these Terms or any rights hereunder without restriction. Any purported assignment in violation of this section shall be null and void.
Notices under these Terms shall be in writing and delivered to BrandThrive by email at miles@brandthrive.co or by certified mail to: 3801 N Capital of Texas Hwy, Ste E240-3503, Austin, TX 78746. Notices to you will be sent to the email or mailing address on file in your account.
For questions about these Terms of Service, your account, SMS opt-in/opt-out, or any other matter, please contact us:
BrandThrive, LLC
3801 N Capital of Texas Hwy, Ste E240-3503
Austin, TX 78746
Email: miles@brandthrive.co
Phone: 945-325-5661
Website: brandthrive.co
Privacy Policy: https://brandthrive.co/privacy-policy/
SMS Opt-Out: Reply STOP to any message, or email miles@brandthrive.co with your number and request.
SMS Help: Reply HELP to any message, or contact us at the email or phone number above.
BY USING OUR SERVICES OR PROVIDING YOUR PHONE NUMBER FOR SMS COMMUNICATIONS,
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS OF SERVICE.
© 2026 BrandThrive, LLC. All rights reserved. | brandthrive.co | Privacy Policy: https://brandthrive.co/privacy-policy/