Terms of Use
Version
1.1
Sep 8, 2022
Last Updated: 03/28/2026
Welcome to Brandy (“Brandy,” “Company,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of:
The Brandy website located at https://brandy.app
The Brandy Shopify application available via the Shopify App Store, upon review by Shopify
The Brandy consumer mobile app, available on iOS through the App Store (upon approval), and Android via Google Play Store (upon approval)
Any related services, features, tools, dashboards, APIs, or integrations (collectively, the “Services”)
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
1. Eligibility
You must be 18 years old, legal to work in the United States, and capable of forming a binding contract to use the Services.
If you use the Services on behalf of a company, brand, or other legal entity, you represent that you have authority to bind that entity to these Terms.
2. Scope of Services
Brandy provides a referral and distribution platform that enables:
Merchants/Brands to activate and manage referral programs through Shopify
Consumers to share referral links and receive compensation or rewards
Automated referral tracking, attribution, and reporting
Payment facilitation and tax reporting integrations through third-party providers
Brandy does not guarantee specific referral performance, revenue, or financial outcomes.
SECTION A — SHOPIFY APP TERMS (MERCHANTS)
3. Merchant Accounts
To use the Shopify App, you must:
Maintain an active Shopify store
Authorize Brandy via Shopify’s OAuth permissions system
Provide accurate business and contact information
You are responsible for maintaining the security of your Shopify account and API credentials.
4. Data Access and Permissions
By installing the Brandy Shopify App, you authorize Brandy to access certain Shopify store data necessary to operate the Services, which may include:
Orders
Products
Customer information required for referral tracking, attribution, and accounting records for commissions earned through referrals (as permitted by Shopify and applicable law)
Brandy accesses and processes this data solely to provide the Services in accordance with our Privacy Policy.
5. Referral Program Responsibility
Merchants are solely responsible for:
Setting referral commission structures within the Brandy Shopify app for one-time and subscription type purchases, as outlined in the app.
Ensuring compliance with FTC disclosure requirements
Ensuring their referral programs comply with applicable laws
Honoring referral payments owed to consumers
Brandy is not responsible for disputes between Merchants and Consumers.
6. Fees
Merchants agree to pay all fees as outlined in their selected pricing plan. Fees may include:
Platform subscription fees
Transaction or referral fees
Fees are non-refundable unless required by law.
SECTION B — CONSUMER APP TERMS
7. Consumer Accounts
Consumers must:
Provide accurate personal information
Maintain account security
Comply with applicable laws and platform policies
Brandy reserves the right to suspend accounts engaged in fraud, abuse, or policy violations.
8. Referral Sharing & Conduct
Consumers agree:
Not to engage in spam or deceptive practices
Not to create duplicate accounts
Provide factual information uniquely identifying you
Not to misrepresent brands or products
To comply with FTC endorsement and disclosure guidelines
To use referral links only as permitted
Brandy may revoke access or withhold rewards if violations occur.
9. Payments & Tax Reporting
Brandy may facilitate payments through third-party providers such as:
Stripe or other payment processors
Consumers may be required to submit tax documentation (e.g., W-9, W-8BEN, W-8BEN-E) where applicable.
Brandy does not provide tax advice. Users are responsible for reporting income and complying with tax obligations.
SECTION C — GENERAL TERMS (APPLIES TO ALL USERS)
10. Third-Party Services
The Services integrate with third-party platforms including but not limited to:
Shopify
Stripe
Social media platforms
Brandy is not responsible for the availability, policies, or actions of third-party services.
11. Acceptable Use
You agree not to:
Violate any law or regulation
Reverse engineer or copy the Services
Interfere with platform security
Engage in fraudulent referral activity
Attempt to manipulate tracking systems
12. Intellectual Property
All content, trademarks, logos, software, and technology associated with Brandy are owned by Brandy or its licensors.
You are granted a limited, non-exclusive, non-transferable license to use the Services.
13. Confidentiality
Users may receive non-public information relating to:
Platform analytics
Merchant performance data
Consumer earnings
Such information must not be disclosed without permission.
14. Privacy
Use of the Services is also governed by our Privacy Policy, incorporated by reference.
15. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
Brandy disclaims all warranties, including:
Fitness for a particular purpose
Non-infringement
Accuracy of tracking data
Continuous or uninterrupted service
16. Limitation of Liability
To the maximum extent permitted by law:
Brandy shall not be liable for:
Indirect or consequential damages
Lost profits
Lost revenue
Data loss
Total liability shall not exceed the amount paid to Brandy in the preceding 12 months.
17. Indemnification
You agree to indemnify and hold harmless Brandy from claims arising out of:
Your misuse of the Services
Violation of law
Breach of these Terms
18. Termination
Brandy may suspend or terminate access at any time for:
Violation of these Terms
Fraudulent activity
Legal compliance requirements
Users may terminate by discontinuing use and uninstalling the Shopify App.
19. Modifications
Brandy may modify these Terms at any time. Continued use after updates constitutes acceptance.
20. Governing Law
These Terms are governed by the laws of the State of [Insert State], without regard to conflict of law principles.
21. Dispute Resolution
Any dispute shall be resolved by binding arbitration in [Insert County, State], except where prohibited by law.
You waive the right to participate in class actions.
22. Contact Information
Brandy Inc.
Email: talktoahuman@brandy.app