Terms of Service

Last Revised: 11 July 2025

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT AND OUR PRIVACY POLICY CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

0. Definitions

For the purposes of these Terms:

“You” and “Your” mean the individual or entity accessing or using the Services.

“Content” means any text, data, graphics or other materials that You submit, post or display through the Services.

“Marketplace” means any third-party domain marketplace or platform whose listings are aggregated by BrandSearch.

“Services” means the products, software, services and websites provided by BrandSearch under these Terms.

1. OVERVIEW

1.1 Your use of BrandSearch.com Inc.’s products, software, services and web sites (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and BrandSearch.com Inc.. “ BrandSearch” means BrandSearch.com Inc., whose principal place of business is in Tucson, Arizona, United States and whose mailing address is BrandSearch.com Inc., PO Box 68003, Tucson, AZ 85737.

1.2 Unless otherwise agreed to in writing with BrandSearch, your agreement with BrandSearch will always include, at a minimum, the terms and conditions set forth in this document. These are referred to below as the “Global Terms”.

1.3 The Global Terms form a legally binding agreement between you and BrandSearch in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms”.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you by BrandSearch in the user interface for any Service; or

(B) by using the Services. In this case, you understand and agree that BrandSearch will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with BrandSearch, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

3. Service Overview

3.1 BrandSearch provides a unified search engine for aftermarket domain names by aggregating, normalizing, and indexing listings from multiple third-party domain marketplaces on a daily basis. You may use BrandSearch to search, filter and sort available listings in our database. When you elect to acquire a domain, BrandSearch will redirect you to the applicable third-party marketplace (which may include an affiliate link). BrandSearch is not a party to any purchase transaction and makes no representations or warranties regarding the accuracy, availability, pricing or terms of those listings.

3.2 Availability Disclaimer. While BrandSearch aggregates daily feeds from third-party marketplaces and strives to show only active “for sale” listings, BrandSearch does not control the timing or accuracy of each marketplace’s data. Accordingly, BrandSearch cannot guarantee that any particular domain displayed in our search results remains available for purchase. You agree that BrandSearch shall have no liability for any listing that is shown as “for sale” yet proves to be unavailable when you attempt to acquire it from the underlying marketplace.

3.3 Affiliate Disclosure. BrandSearch may receive compensation from third-party marketplaces when you are redirected via an affiliate link. Such compensation in no way influences or skews the selection, ranking, or presentation of domain search results. Compensation does not affect your pricing nor create any additional cost to you.

3.4 Value-Added Domain Services. In addition to the core search engine, BrandSearch offers optional supplemental services—such as automated domain appraisals, WHOIS record lookups, historical ownership and usage reports, backlink/toxicity analyses, and trademark-risk assessments. These services may be provided free of charge or for a fee, at BrandSearch’s sole discretion, and are offered “AS IS” and “AS AVAILABLE,” without warranty or guarantee of any kind. You acknowledge that these informational reports are not a substitute for independent professional advice and agree not to rely on them as legal, financial or investment guidance.

3.5 All information is provided for research purposes only. Domain valuations and dollar values should not be taken literally. The valuation data is simply an aggregated summary of the various metrics associated with a domain or site.

3.6 All information, including domain name score, valuation information, search volume information, cost per click information, whois information and other analytics is subject to change without notice.

3.7 Data services and tools are subject to information availability and may not be complete, accurate or up to date.

3.8 Trademark analysis and risk assessment information is provided for informational purposes only and should not be taken into consideration when making legal decisions or purchasing or selling domains. You agree not to hold BrandSearch responsible or liable for any damages which may result from the use of trademark analysis services. Always consult a legal professional when assessing legal risks related to domains.

3.9 All information provided by BrandSearch is the property of BrandSearch and cannot be republished, resold, redistributed or made publicly accessible without written consent from BrandSearch.

3.11 All services provided by BrandSearch are licensed for personal and small business use only. Enterprise users (corporations with more than 50 employees) must obtain an Enterprise license in order to use BrandSearch.

3.12 While BrandSearch takes measures to ensure service availability, certain high volume queries by our customers may result in Services being inaccessible or slow. In the event of Services becoming inaccessible or slow, you agree to notify BrandSearch of problem and reduce query load.

3.13 You acknowledge that you have been warned and understand that purchase and sale decisions should never be based solely on appraisal information or other information provided on our site or by an BrandSearch employee.

3.14 You understand, acknowledge and agree that all information and tools made available through the use of Services are generated using automated means and are subject to errors, inaccuracies, inconsistencies and incompleteness which may or may not be corrected by BrandSearch, at BrandSearch's discretion.

4. Provision of the Services by BrandSearch

4.1 You acknowledge and agree that BrandSearch may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at BrandSearch’s sole discretion, without prior notice to you.

4.2 You acknowledge and agree that if BrandSearch disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

4.3 You acknowledge and agree that while BrandSearch may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by BrandSearch at any time, at BrandSearch’s discretion.

4.4 You agree not to create multiple accounts on BrandSearch for the purpose of circumventing access restrictions and query limits.

4.5 You acknowledge and agree that BrandSearch reserves the right to cancel and terminate any account, without a refund, which violates the terms set forth in this agreement.

4.6 You agree not to use the affiliate program to sign up yourself or individuals from your organization.

5. Use of the Services by you

5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to BrandSearch will always be accurate, correct and up to date.

5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by BrandSearch, unless you have been specifically allowed to do so in a separate agreement with BrandSearch. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) unless accessing the designated API interface.

5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

5.5 Unless you have been specifically permitted to do so in a separate agreement with BrandSearch, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

5.6 You agree that you are solely responsible for (and that BrandSearch has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which BrandSearch may suffer) of any such breach.

6. Your passwords and account security

6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

6.2 Accordingly, you agree that you will be solely responsible to BrandSearch for all activities that occur under your account.

6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify BrandSearch immediately at the contact page.

6.4 Furthermore, you agree to not share your login or password credentials with anyone. Only the user named in the registration form can access and use the service.

6.5 You agree not to access the service from multiple locations simultaneously unless you have been authorized to do so in writing from BrandSearch.

7. Privacy and your personal information

7.1 For information about BrandSearch’s data protection practices, please read BrandSearch’s privacy policy available here.

7.2 You agree to the use of your data in accordance with BrandSearch’s privacy policy.

7.3 Session Cookie. BrandSearch uses a single session cookie solely to maintain your authenticated login state once you register and sign in. No cookies are set or used when you browse as a guest. This session cookie is strictly necessary to provide the Services you request and contains no personal data beyond a random session identifier.

8. Content in the Services

8.1 You understand that all information (such as data files, written text, graphics, domain metric) which you may have access to as part of, or through your use of, the Services are provided AS IS without warranty or guarantee of any kind.

8.2 You agree that you are solely responsible for (and that BrandSearch has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which BrandSearch may suffer) by doing so.

9. Proprietary rights

9.1 You acknowledge and agree that BrandSearch (or BrandSearch’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by BrandSearch and that you shall not disclose such information without BrandSearch’s prior written consent.

9.2 Unless you have agreed otherwise in writing with BrandSearch, nothing in the Terms gives you a right to use any of BrandSearch’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with BrandSearch, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms.

9.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

9.5 Unless you have been expressly authorized to do so in writing by BrandSearch, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

10. License from BrandSearch

10.1 BrandSearch gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the service provided to you by BrandSearch as part of the Services (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by BrandSearch, in the manner permitted by the Terms.

10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by BrandSearch, in writing.

10.3 Unless BrandSearch has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Services.

10.4 Access to Services is limited by daily query volume which are based on account level. Query volume is reset at midnight US Central time (00:00:00).

10.5 A query is defined as a request to retrieve information for a single record. For example, an appraisal query containing a single domain is counted as a single query. Furthermore, a bulk appraisal containing 500 domains is counted as 500 queries. The above example is applicable to other queries (tool queries, information queries, etc).

11. Content licence from you

11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give BrandSearch a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling BrandSearch to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

11.2 You confirm and warrant to BrandSearch that you have all the rights, power and authority necessary to grant the above licence.

12. Domain Background Checks

12.1 BrandSearch offers optional background-check reports—available free or for a fee—to help you research a domain’s history and status. These reports may include, without limitation, WHOIS change history, prior website usage summaries, spam-blacklist lookups, backlink/toxicity overviews and other relevant data points. Our goal is to equip you with as much context as possible when evaluating an aftermarket domain.

12.2All background-check data is aggregated from multiple third-party sources and automated crawls, which may themselves be incomplete, delayed or contain errors. Accordingly, BrandSearch does not guarantee the completeness, timeliness or accuracy of any report. You agree that you will not rely solely on these reports when making purchase decisions and that BrandSearch shall have no liability for any loss or damage arising from your use of this information.

13. Ending your relationship with BrandSearch

13.1 The Terms will continue to apply until terminated by either you or BrandSearch as set out below.

13.2 If you want to terminate your legal agreement with BrandSearch, you may do so by (a) notifying BrandSearch at any time and (b) closing your accounts for all of the Services which you use, where BrandSearch has made this option available to you. Your notice should be sent, in writing, to BrandSearch’s address which is set out at the beginning of these Terms or by using our contact form.

13.3 BrandSearch may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) BrandSearch is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom BrandSearch offered the Services to you has terminated its relationship with BrandSearch or ceased to offer the Services to you; or
(D) BrandSearch is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by BrandSearch is, in BrandSearch’s opinion, no longer commercially viable.

13.4 All paid account subscriptions are provided month to month unless otherwise stated. You may cancel your paid account subscription at any time by contacting us at the phone number specified on the contact page or by opening up a support ticket and requesting account cancellation.

13.5 Nothing in this Section shall affect BrandSearch’s rights regarding provision of Services under Section 4 of the Terms.

14. EXCLUSION OF WARRANTIES

14.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

14.2 IN PARTICULAR, BrandSearch, ITS PARENT COMPANIES OR SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

14.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

14.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BrandSearch OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

14.5 BrandSearch FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

15. LIMITATION OF LIABILITY

15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRANDSEARCH, ITS PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY INFORMATION GENERATED BY BRANDSEARCH. (II) ANY CHANGES WHICH BRANDSEARCH MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY Content AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (IV) YOUR FAILURE TO PROVIDE BRANDSEARCH WITH ACCURATE ACCOUNT INFORMATION; (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

15.2 ABOVE SHALL APPLY WHETHER OR NOT BrandSearch HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

16. Severability and Entire Agreement

16.1 If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between you and BrandSearch with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and BrandSearch with respect to Site or Services.

17. Disputes - Arbitration

17.1 ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THE SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION, CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION IN THE CITY OF TUCSON IN THE STATE OF ARIZONA, USA, ACCORDING TO THE PROVIDER'S RULES. NOTWITHSTANDING ANY PROVIDER RULES, WHERE THE TOTAL AMOUNT OF AWARD SOUGHT IS LESS THAN $10,000, ARBITRATIONS SHALL BE CONDUCTED WITHOUT DISCOVERY AND ONLY BY TELEPHONE, ON-LINE AND/OR BASED SOLELY UPON WRITTEN SUBMISSIONS WITHOUT IN-PERSON APPEARANCES OF PARTIES OR WITNESSES UNLESS AGREED OTHERWISE BY BOTH PARTIES.

17.2 DEMAND FOR ARBITRATION SHALL BE MADE WITHIN A REASONABLE TIME AFTER THE CLAIM, DISPUTE, OR OTHER MATTER IN QUESTION HAS ARISEN (AND IN NO EVENT AFTER ONE (1) YEAR FOLLOWING DATE UPON WHICH THE CLAIM FIRST AROSE). NOTICE SHALL BE SERVED UPON ALL PARTIES AND THE ARBITRATION SERVICE.

18. Choice of Law and Venue

18.1 These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without application of principles of conflicts of laws.

18.2 All disputes arising out of or relating to the Terms shall be resolved exclusively in the United States District Court for the Northern District of Arizona or, if such court lacks jurisdiction, in the appropriate state court located in Pima County, Arizona. The parties irrevocably submit to the personal jurisdiction of these courts and waive any objections based on venue or forum non conveniens.

19. Changes to These Terms

BrandSearch may modify these Terms at any time in its sole discretion. If we make material changes, we will update the “Last Revised” date and post the updated Terms on our site. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the new Terms.

20. Notices

All notices required or permitted under these Terms shall be in writing and delivered via:
(A) email to [email protected]; or
(B) postal mail to PO Box 68003, Tucson, AZ 85737.
Notices from You to BrandSearch should be sent to the same addresses.

21. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is due to events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, or interruptions in internet or power services.