Terms of Service

Last updated: April 22, 2026

These Terms of Service (the “Terms”) are a binding legal agreement between you and Ventiq, LLC, a Utah limited liability company, operator of Brand Power Index (“BPI,” “we,” “us,” or “our”) at brandpowerindex.com and related services (collectively, the “Service”). Please read them carefully before using the Service.

By creating an account, clicking “I agree,” or otherwise using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms, and “you” refers to both you individually and that entity.

Section 13 contains a binding arbitration clause and a class-action waiver. Please review them carefully — they affect your legal rights.

1. The Service

Brand Power Index is a consumer-perception brand-ranking platform. It aggregates weighted votes from registered users to produce a Brand Power Index (BPI) score for brands across industries. The Service also surfaces a Data Rank built from publicly available financial, social, and market data, and offers paid Business subscriptions with enhanced data access and API endpoints.

We may modify, suspend, or discontinue any part of the Service — temporarily or permanently — at any time, with or without notice. We will use commercially reasonable efforts to notify you of material changes when feasible, but we are not liable to you or any third party for any modification, suspension, or discontinuation.

2. Accounts

2.1 Eligibility and registration

You must be at least 13 years old to create an account (or at least 16 if you reside in the European Economic Area, the United Kingdom, or any jurisdiction with a higher minimum age for digital-service consent). You agree to provide accurate, current information and to keep it up to date. You are responsible for maintaining the confidentiality of your password and for all activity that occurs under your account.

2.2 One account per person

You may register and operate only one personal account. Creating multiple accounts to manipulate rankings, inflate your own influence, circumvent vote-weight limits, or evade enforcement actions is a material breach of these Terms. Sock-puppet accounts will result in permanent suspension of all associated accounts and forfeiture of any fees paid.

2.3 Account security

Notify us immediately at security@brandpowerindex.com if you suspect unauthorised access to your account. You are responsible for activity that occurs under your credentials until you notify us. We are not liable for losses caused by unauthorised access you failed to report.

2.4 Verification tiers

Basic email verification is required to cast votes. You may voluntarily increase your vote weight by completing phone verification (via Twilio OTP) or paid identity verification (via Stripe Identity). You may not submit another person's phone number or government identification, nor may you use any automated or fraudulent means to complete verification.

3. Voting Rules

3.1 Honest, personal votes only

Votes must reflect your own genuine opinion of a brand. You may not cast votes in exchange for payment, gifts, discounts, loyalty rewards, employment, or any other form of compensation or inducement. Coordinated voting campaigns — whether organised by a brand, its agency, its competitors, a review farm, or any other group — are strictly prohibited.

3.2 Vote weighting

We apply a weighting algorithm that incorporates your verification tier, your self-reported industry familiarity, and the recency of each vote. We may adjust the weighting algorithm, thresholds, and formulas at any time, without notice, to preserve the integrity of the Index. Attempting to game weighting — for example by falsely claiming expert familiarity, completing verification fraudulently, or using automation to cast votes — is a material breach of these Terms.

3.3 Anti-manipulation

We use automated and manual systems to detect manipulation, including vote-velocity checks, IP and user-agent signals, CAPTCHA challenges, behavioural heuristics, and statistical outlier detection. We may, in our sole discretion and without notice, discard any individual vote, shadow-weight it to zero, flag it for review, or remove all votes and content associated with an account we believe is engaged in manipulation.

3.4 No warranty of inclusion

We do not guarantee that any particular brand will be included in or retained on the Index, or that any particular user's votes will count toward a brand's score. A brand becomes eligible for ranking only after it accumulates sufficient weighted vote mass, and may be removed at our discretion.

4. User Content

4.1 Your content; licence to us

“User Content” means anything you submit, upload, or transmit through the Service, including votes, profile bio, username, avatar, brand submissions, brand claims, and support or feedback messages. You retain ownership of your User Content. You grant Ventiq, LLC a worldwide, non-exclusive, royalty-free, sublicensable, irrevocable licence to host, store, reproduce, adapt, display, distribute, translate, and create derivative works of your User Content solely to operate, secure, improve, and promote the Service. This licence continues with respect to User Content that has been aggregated or anonymised into the Index after your account is closed; the licence otherwise terminates when you delete the underlying content.

4.2 Representations

You represent and warrant that (a) you own or have all necessary rights to your User Content and to grant the licence in Section 4.1; (b) your User Content does not violate any law or third-party right; and (c) your User Content is accurate and not misleading.

4.3 Prohibited content

You may not submit User Content that:

  • Is false, misleading, deceptive, or fraudulent;
  • Infringes any third-party intellectual property, privacy, publicity, or contractual right;
  • Contains personal data about other individuals without their lawful consent;
  • Is defamatory, threatening, harassing, hateful, obscene, or sexually explicit;
  • Promotes illegal activity or violence, or depicts the exploitation of minors;
  • Contains malware, exploits, viruses, spam, phishing, or unsolicited commercial messages;
  • Violates any applicable law, regulation, or rule of a competent authority.

4.4 Removal and moderation

We may, but are not obligated to, review User Content. We may remove or modify any User Content that violates these Terms, or that we determine in our sole discretion is harmful to the Service, other users, or third parties. We are not a publisher of User Content and do not pre-screen it; Section 230 of the United States Communications Decency Act applies where available.

5. Brand Submissions and Claims

You may submit new brands for inclusion by providing a URL and industry category. By submitting, you represent that (a) you are not acting on behalf of the brand for the purpose of influencing its ranking; (b) the submission complies with Section 4.3; and (c) the brand is not already listed under another name. You may submit a brand claim to represent a brand you are authorised to represent; we may require evidence of authorisation and may revoke a claim at any time if we later determine you lack authority. BPI reserves the right to review, reject, re-categorise, rename, merge, or remove any brand submission or claim.

6. Business Subscriptions

6.1 Plans and pricing

Paid Business tiers (Starter, Growth, Pro, Enterprise) provide access to enhanced brand data, API endpoints, and other features as described on our pricing page. Prices are stated in United States dollars, exclusive of applicable taxes, duties, and withholding. Certain tiers may be available only to waitlist-approved customers. We may change prices, plan features, or plan availability with at least 30 days' notice; price changes apply at the start of the next billing cycle after the notice period.

6.2 Billing, renewal, and taxes

Subscriptions are billed monthly or annually in advance and renew automatically unless cancelled before the renewal date. Payment is processed by Stripe under its own terms. By subscribing you authorise Stripe to charge your payment method on each renewal date. You are responsible for all taxes associated with your subscription other than taxes on our net income. If a payment fails, we will attempt to recharge for up to seven (7) days (the “grace period”) before suspending API and paid-feature access.

6.3 Cancellation and refunds

You may cancel at any time via the Stripe billing portal linked from your Business Dashboard. Cancellation takes effect at the end of the then-current billing period; you retain access until that date. Except where required by applicable law (for example, the 14-day withdrawal right for consumers in the EU and UK), we do not provide pro-rated or mid-cycle refunds.

6.4 API usage

API access is subject to the request limits of your subscription tier. Requests in excess of your quota may be throttled or rejected with HTTP 429 (Too Many Requests) until the next billing cycle. You may not share API keys, resell API access, redistribute raw API responses, or use the API to build a service that substantially replicates or competes with the Service, in each case without our prior written consent.

6.5 Acceptable use of Business data

Business API data may be used for your internal research, analytics dashboards, and customer-facing product features, provided that any public display includes attribution to “Brand Power Index (brandpowerindex.com).” You may not: (a) present BPI scores or rankings as your own proprietary data; (b) publish bulk raw data dumps; (c) use the data to train a generative-AI model; or (d) use the data in any manner that would violate these Terms or applicable law.

7. Intellectual Property

The Service — including all software, source code, algorithms (including the BPI scoring methodology), designs, text, graphics, logos, trademarks, data compilations, and the selection, arrangement, and expression of the Index — is owned by or licensed to Ventiq, LLC and is protected by United States and international copyright, trademark, trade-secret, and other intellectual-property laws. Except for the limited rights expressly granted in these Terms, we and our licensors reserve all rights.

You may display and link to publicly visible BPI rankings for editorial, informational, or non-commercial purposes with clear attribution to “Brand Power Index (brandpowerindex.com).” You may not scrape, spider, or systematically download the Service, or use the Service's output to train a generative-AI model, without our prior written consent.

Feedback, suggestions, and ideas you submit may be used by us without restriction or obligation to you.

7.1 Third-Party Brand Names and Nominative Fair Use

The Service references real-world brands by name in order to identify and rank them. All such brand names, product names, and associated marks are the property of their respective owners. Brand Power Index is an independent platform and is not affiliated with, endorsed by, sponsored by, or otherwise connected to any brand it ranks.

Our use of third-party brand names is limited to nominative fair use: we use only the name necessary to identify the brand being ranked, we do not reproduce logos, trade dress, product imagery, or other proprietary visual marks, and nothing in the Service suggests affiliation, sponsorship, or endorsement by the referenced brand. Where user- generated content (reviews, claims, comments) concerns a specific brand, that content expresses the opinion of the individual user and not of Ventiq, LLC or the brand owner.

Brand owners who believe their marks are being used incorrectly, or who wish to correct factual information shown on a brand profile, may contact legal@brandpowerindex.com. We respond to good-faith requests promptly.

8. Third-Party Services

The Service integrates with third-party providers including Stripe (payments and identity verification), Resend (transactional email), Twilio (phone OTP SMS), Cloudflare (CAPTCHA and network protection), Turso (database), Vercel (hosting), and PostHog (product analytics). Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the acts, omissions, or content of third-party services, and any dispute with a third-party provider is between you and that provider.

9. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the service and all content, scores, rankings, data, and output are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the service will be uninterrupted, timely, secure, error-free, or free of viruses or harmful components, or that any defect will be corrected. bpi scores reflect aggregated user opinion and publicly available data; they are not financial, investment, business, or legal advice and must not be relied on as such.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will ventiq, llc, its affiliates, members, managers, officers, directors, employees, contractors, agents, licensors, or suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business opportunity, or use, whether in contract, tort (including negligence), strict liability, warranty, or any other legal theory, arising out of or relating to these terms or the service, even if advised of the possibility of such damages and even if a limited remedy fails of its essential purpose.

to the maximum extent permitted by applicable law, our total aggregate liability to you for all claims arising out of or relating to these terms or the service will not exceed the greater of (a) the total amount you paid ventiq, llc in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred united states dollars (usd $100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages; in those jurisdictions, our liability is limited to the greatest extent permitted by law. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited (for example, for fraud or personal injury caused by negligence).

11. Indemnification

You agree to defend, indemnify, and hold harmless Ventiq, LLC and its affiliates, members, managers, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your access to or use of the Service; (b) your User Content; (c) your breach of these Terms or of any representation or warranty in these Terms; (d) your violation of any law or of any right of a third party; or (e) any misrepresentation made by you. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defence. You may not settle any matter without our prior written consent if the settlement imposes any obligation or admission of liability on us.

12. Suspension and Termination

We may suspend or terminate your access to all or part of the Service at any time, with or without notice, if we believe (in our sole discretion) that: (a) you have violated these Terms; (b) you have engaged in fraudulent, manipulative, or abusive activity; (c) your use poses a legal, reputational, or operational risk to us or to other users; or (d) suspension or termination is required by law.

You may terminate your account at any time by emailing privacy@brandpowerindex.com from the address on your account. We do not currently offer an in-app self-service deletion flow; see the Privacy Policy for details on what is deleted and what is retained.

Upon termination, your right to access and use the Service ceases immediately. Sections 4.1 (licence to retained aggregated content), 4.2, 7, 8, 9, 10, 11, 13, 14, and 15 survive termination of these Terms.

13. Governing Law, Arbitration, and Class-Action Waiver

13.1 Governing law; venue for non-arbitrable claims

These Terms, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), are governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict-of-laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods. Subject to Section 13.2, any judicial proceeding must be brought exclusively in the state or federal courts located in Salt Lake County, Utah, and each party consents to the personal jurisdiction of those courts and waives any objection to venue.

13.2 Binding individual arbitration

Except for (a) small-claims actions brought on an individual basis, and (b) claims for injunctive or equitable relief to stop unauthorised use of, or protect the intellectual-property rights in, the Service, you and Ventiq, LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved exclusively by final and binding individual arbitration, and not in court. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) as modified by these Terms. The AAA Rules are available at adr.org. The arbitration will be conducted by a single arbitrator. Unless you and we agree otherwise in writing, the arbitration will be seated in Salt Lake County, Utah, provided that if you are a consumer, you may elect to attend any in-person hearing by telephone or video or in the county of your residence, or to conduct the arbitration solely on the basis of written submissions where permitted by the AAA Rules. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

13.3 Class-action and jury-trial waiver

You and Ventiq, LLC agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. You and Ventiq, LLC also waive any right to a trial by jury. If this waiver is found unenforceable, then the entirety of this Section 13.2 and 13.3 will be null and void, but the remainder of these Terms will continue in effect.

13.4 Arbitration fees

The AAA Rules govern payment of filing and hearing fees. If you are a consumer and the arbitrator finds that your claim is not frivolous, Ventiq, LLC will reimburse you any filing fees you paid that exceed those you would have paid to file the same action in state or federal court in Salt Lake County, Utah. Each party will bear its own attorneys' fees, except that the arbitrator may award fees to the prevailing party where authorised by applicable law.

13.5 30-day opt-out

You may opt out of Sections 13.2 and 13.3 within 30 days of first accepting these Terms by sending a signed written notice to legal@brandpowerindex.comwith the subject line “Arbitration Opt-Out.” The notice must include your full legal name, the email on your account, and a clear statement that you opt out. Opting out has no effect on any other provision of these Terms.

13.6 Statute of limitations

Except where prohibited by applicable law, any claim you may have arising out of or relating to these Terms or the Service must be filed within one (1) year after the claim arose; otherwise, the claim is permanently barred.

13.7 EU and UK consumer rights

If you are a consumer resident in the European Union, the European Economic Area, the United Kingdom, or Switzerland, nothing in these Terms overrides mandatory consumer protection laws of your country of residence, and you may bring claims in the courts of your country as permitted by those laws. Sections 13.2 and 13.3 do not apply to you to the extent they conflict with such mandatory rules.

14. Export Controls, Sanctions, and U.S. Government Users

You represent that you are not located in, under the control of, or a national or resident of any country subject to comprehensive U.S. sanctions (including Cuba, Iran, North Korea, Syria, and the non-government-controlled regions of Ukraine), and that you are not on any U.S. government list of prohibited or restricted parties. You agree not to access, use, export, or re-export the Service in violation of U.S. export-control or sanctions laws. If you are a U.S. government end user, the Service is a “commercial item” as defined at 48 C.F.R. § 2.101, and your rights are governed by these Terms in accordance with 48 C.F.R. § 12.212 and 227.7202.

15. General

  • Entire agreement: these Terms, together with the Privacy Policy and any additional plan-specific terms referenced in your subscription, constitute the entire agreement between you and Ventiq, LLC regarding the Service and supersede all prior agreements and understandings.
  • Severability: if any provision of these Terms is found unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
  • No waiver: our failure to enforce any provision is not a waiver of our right to enforce it later. Any waiver must be in writing and signed by us.
  • Assignment: you may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent; any attempted assignment in violation of this clause is void. We may assign these Terms in whole or in part without restriction, including in connection with a merger, acquisition, reorganisation, or sale of assets.
  • Force majeure: we are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labour disputes, utility or internet outages, cyberattacks, or governmental actions.
  • No agency: nothing in these Terms creates a partnership, joint venture, employment, agency, or franchise relationship between you and Ventiq, LLC.
  • Notices: we may deliver notices to you by email to the address on your account or by posting on the Service. You must deliver notices to us by email to legal@brandpowerindex.com.
  • Updates: we may update these Terms from time to time. We will notify you of material changes by email or in-Service notice; continued use after the effective date of the updated Terms constitutes acceptance. If you do not agree, you must stop using the Service and may request account deletion.
  • Headings: section headings are for convenience only and do not affect interpretation.
  • English language controls: these Terms were drafted in English. If a translation is provided, the English version controls in the event of any conflict.

16. Contact

Questions about these Terms: