These Terms of Service (“Terms”) constitute a legally binding agreement between you and Flow UX LLC (“we,” “us,” or “our”), operating as The Brand Report. By accessing or using our website, newsletter (The Weekly Brief), digital products (The Brand Report / Competitor), or any related services (collectively, the “Services”), you agree to be bound by these Terms.
If you do not agree to these Terms, you must not access or use our Services. We reserve the right to modify these Terms at any time. Material changes will be communicated by updating the “Last Updated” date above and, where appropriate, by email. Your continued use of the Services after changes are posted constitutes acceptance of the modified Terms.
You must be at least 16 years of age to use our Services. By using our Services, you represent and warrant that you meet this age requirement. If you are using the Services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.
The Weekly Brief is a free email newsletter delivering business intelligence about the outdoor sport and lifestyle brand industry. Subscribing requires providing your first name, last name, and email address. You may unsubscribe at any time using the unsubscribe link in any newsletter email.
Our website and Substack publication feature articles, analysis, and editorial content. This content is provided for informational purposes and does not constitute professional advice of any kind.
TBR Competitor is a digital product that allows users to select up to three competitor brands and compare their performance on Instagram using publicly available data obtained through the official Meta / Instagram API.
To access certain features of The Brand Report / Competitor, you must create an account. Account authentication is managed through Lovable’s authentication service. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
You agree to provide accurate and current information during registration and to keep your account information up to date. You must notify us immediately of any unauthorized access to or use of your account. We are not liable for any loss arising from unauthorized use of your account.
You may delete your account at any time by contacting us. We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraudulent or harmful activity, or for any other reason at our sole discretion, with or without notice.
The Professional subscription is a paid plan that provides enhanced features including persistent competitor sets and performance alerts. Subscription pricing and billing frequency will be displayed at the time of purchase.
All payments are processed by Stripe, Inc. By subscribing to a paid plan, you agree to Stripe’s terms of service. We do not directly store your payment card details.
Professional subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings or by contacting us.
Subscription fees are generally non-refundable. If you believe you are entitled to a refund due to a billing error or service issue, please contact us and we will review your request on a case-by-case basis.
You agree not to use our Services to:
All content published through The Brand Report, including articles, analysis, data visualizations, metrics, rankings, and editorial commentary, is the intellectual property of Flow UX LLC and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our content without prior written permission, except for limited personal, non-commercial use (such as sharing a link to an article).
The publicly available Instagram data displayed through TBR Competitor is sourced through the official Meta / Instagram API and is subject to Meta’s terms of use. Our analysis, aggregation, and presentation of this data constitutes our original work product. The underlying raw data remains subject to Meta’s applicable terms.
“The Brand Report,” “The Weekly Brief,” “TBR Competitor,” and associated logos and trade dress are trademarks or service marks of Flow UX LLC. Third-party brand names, logos, and Instagram handles displayed in our products belong to their respective owners and are used solely for identification and informational purposes.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We make no warranties or representations about the accuracy, reliability, completeness, or timeliness of the content provided through our Services, including Instagram data and performance metrics. Social media data may be delayed, incomplete, or subject to changes by the platform provider. The Brand Report’s content is provided for informational purposes only and should not be relied upon as the sole basis for business decisions.
We do not guarantee that the Services will be uninterrupted, error-free, or free of harmful components.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLOW UX LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
You agree to indemnify, defend, and hold harmless Flow UX LLC and its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or third-party rights; or (d) any content or data you submit through the Services.
Our Services may contain links to third-party websites or integrate with third-party services, including Stripe, Lovable, Supabase, Instagram/Meta, and Substack. We are not responsible for the practices, content, or availability of these third-party services. Your use of third-party services is subject to their respective terms and privacy policies.
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in the State of California, and you consent to the personal jurisdiction of such courts.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Flow UX LLC regarding your use of the Services and supersede any prior agreements.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.
If you have questions about these Terms of Service, please contact us at:
The Brand Report (Flow UX LLC)
Email: legal@thebrand.report
