Terms of Service

These terms of service govern your use of Brandwave, operated by The Ordinary Company Limited, a company registered in New Zealand trading as Brandwave (“Brandwave”, “we”, “us”). By accessing or using our platform, you agree to be bound by these terms.

Effective date: 7 July 2026

Acceptance and Eligibility

By creating an account or using Brandwave, you agree to these terms of service and our privacy policy. Brandwave is a business tool. You must be at least 18 years old and acquiring the service for the purposes of a trade or business. If you are using Brandwave on behalf of an organisation, you represent that you have authority to bind that organisation to these terms, and “you” refers to that organisation.

The Service

Brandwave is an influencer marketing intelligence platform. It aggregates and analyses publicly available information about creators and their content across third-party social media platforms (currently Instagram, YouTube, TikTok, X, LinkedIn, and Reddit), combines it with campaign and cost data you enter, and produces metrics, estimates, and insights. The service includes our web application and any API or integration surface we make available to your account.

Demo workspaces contain sample data provided for illustration only. Sample data does not describe real people, brands, or results, and must not be relied on. Demo workspaces are provided free of charge, may be shared with other users, and may be reset, changed, or withdrawn at any time without notice. Anything you enter into a demo workspace may be visible to others and may be deleted, so do not enter confidential or production data there.

Your Account

You are responsible for maintaining the security of your account, password, and any API keys issued to you. Brandwave will not be liable for any loss or damage from your failure to maintain the security of your account. You must notify us immediately if you become aware of any unauthorised use of your account. You are responsible for the actions of every user you invite into your workspace.

Plans, Fees, and Billing

Paid plans are billed as recurring monthly subscriptions, charged in advance through our payment provider, Stripe. By subscribing you authorise us and Stripe to charge your nominated payment method each billing cycle until you cancel.

  • Automatic renewal. Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date.
  • 30-day money-back guarantee. If you are not satisfied with a new paid subscription, contact us within 30 days of your first payment for that subscription and we will refund that initial payment in full. The guarantee applies once per organization and covers the first billing period only.
  • Cancellation. You may cancel at any time through your billing settings. Cancellation takes effect at the end of the current billing period, and you retain access until then.
  • Plan changes. Upgrades and downgrades take effect in accordance with the proration rules shown at the time of the change.
  • Plan limits. Each plan includes usage limits (such as the number of creators, linked social accounts, activities, and campaigns). We may prevent usage beyond your plan limits.
  • Price changes. We may change our prices with at least 30 days notice by email or through the platform. Changes apply from your next billing cycle after the notice period. If you do not agree, you may cancel before the new price takes effect.
  • Taxes. Fees are exclusive of taxes, including GST, unless stated otherwise. You are responsible for any applicable taxes other than taxes on our income.
  • Failed payments. If a payment fails, we may retry the charge and may suspend or downgrade your workspace until payment is made.
  • Promotional codes. Promotional and discount codes are offered at our discretion, may carry their own conditions, and may be withdrawn or limited at any time.

Except where the law requires otherwise, and except as expressly stated in these terms (including the 30-day money-back guarantee above), all fees are non-refundable and no refunds or credits are provided for partial billing periods or unused capacity.

Permitted Use

You agree to use Brandwave only for lawful purposes and in accordance with these terms. You must not:

  • Use the platform in any way that violates applicable laws or regulations
  • Attempt to gain unauthorised access to any part of the platform or its systems
  • Use the platform to transmit harmful code, spam, or malicious content
  • Interfere with or disrupt the integrity or performance of the platform
  • Reverse engineer, decompile, or disassemble any part of the platform
  • Scrape, crawl, or bulk-extract data from the platform other than through interfaces we provide, or circumvent rate limits or plan limits
  • Resell, sublicense, or redistribute the service or data obtained through it to third parties outside your organisation
  • Use data obtained through the platform to harass, defame, or unlawfully profile any person

Your Content and Intellectual Property

All intellectual property rights in the Brandwave platform, including its design, code, branding, and the structure of its analytics and insights, are owned by The Ordinary Company Limited. You retain ownership of the content you upload or create within the platform, such as campaign records, costs, and notes. You grant us a limited licence to host, process, and display your content solely for the purpose of providing and improving the service.

You warrant that you have all rights necessary to provide the content you enter into the platform and that your use of the service complies with applicable law, including privacy law, in your dealings with creators and other individuals. If you send us feedback or suggestions, we may use them without restriction or obligation to you.

Third-Party Platforms and Data

Brandwave is not affiliated with, endorsed by, or sponsored by Instagram, YouTube, TikTok, X, LinkedIn, Reddit, or any other social media platform. Data about creators and content is collected from publicly available sources and from integrations you connect.

  • Metrics may be incomplete, delayed, or estimated. Where platforms do not expose a metric, we may derive estimates using documented methodology, and estimates are clearly informational.
  • Social media platforms change their services frequently. Availability of data for any platform, account, or metric may change or cease without notice, and we do not guarantee continuity of any particular data source.
  • Your own use of any third-party platform or integration (including Google Analytics) remains governed by that provider’s terms.

Analytics, estimates, and insights produced by the platform are provided for general information. They are not professional, financial, or marketing advice, and business decisions you make based on them are your responsibility.

Disclaimers

Brandwave is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the platform will be uninterrupted, error-free, or free of harmful components.

Business Use and the Consumer Guarantees Act

You confirm that you are acquiring the service in trade for business purposes. You and we agree that the Consumer Guarantees Act 1993 does not apply to the service, and that this exclusion is fair and reasonable, as contemplated by section 43 of that Act. Nothing in these terms is intended to limit rights you may have under the Fair Trading Act 1986 that cannot lawfully be excluded.

Limitation of Liability

To the maximum extent permitted by law, The Ordinary Company Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the platform.

Our total aggregate liability for all claims arising from or relating to the service shall not exceed the amount you paid us in the twelve months preceding the event giving rise to the claim, or NZD 100 if you have paid nothing. Nothing in these terms limits liability that cannot be limited or excluded under New Zealand law.

Indemnity

You will indemnify us against liabilities, costs, and reasonable expenses we incur arising from your content, your breach of these terms, or your unlawful use of the service, except to the extent we caused the loss.

Termination

You may cancel your subscription or close your account at any time. We may suspend or terminate your access immediately if you materially breach these terms and (where the breach can be remedied) fail to remedy it within 14 days of notice, if your use of the service is unlawful or creates risk for us or others, or if fees remain unpaid after notice.

We may also terminate for convenience with at least 30 days notice. If we do, we will refund the unused pro-rata portion of any fees you have paid in advance. This is the only circumstance in which prepaid fees are refunded, except where the law requires otherwise.

Upon termination your right to use the platform ceases. For 30 days after termination you may request an export of your content in a reasonable format, after which we may delete your data in accordance with our privacy policy. Clauses that by their nature should survive termination (including intellectual property, liability, and indemnity provisions) survive.

Changes to the Service and These Terms

We are continually developing the platform and may add, change, or remove features at any time. We may update these terms from time to time. If we make material changes, we will give you at least 30 days notice by email or through a notice on the platform before the changes take effect. If you do not agree to the updated terms, you may cancel your subscription before the effective date. Your continued use of Brandwave after changes take effect constitutes acceptance of the updated terms.

General

  • These terms, together with the privacy policy, are the entire agreement between you and us regarding the service.
  • If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will continue in force.
  • A failure to enforce a provision is not a waiver of it.
  • You may not assign these terms without our consent. We may assign them to a related company or in connection with a merger, acquisition, or sale of assets.
  • Neither party is liable for delay or failure caused by events beyond its reasonable control, other than payment obligations.
  • We may give notices to the email address associated with your account.

Governing Law

These terms are governed by and construed in accordance with the laws of New Zealand. Any disputes arising from these terms or your use of Brandwave shall be subject to the exclusive jurisdiction of the courts of New Zealand.

Contact Us

If you have questions about these terms of service, please contact us at:

The Ordinary Company Limited, trading as Brandwave
Email: hello@gobrandwave.com