Terms of Service and Use.

1. Who we are

1.1 TX Brand Audit is a division and assumed name of Gabe Rene LLC, a Texas limited liability company with its principal place of business in Kerrville, Texas (“TX Brand Audit,” “we,” “us,” or “our”). TX Brand Audit is not a separate legal entity. Audit services are performed by our GR Studio & Co. division.

1.2 These Terms of Service and Use (the “Terms”) govern your access to and use of txbrandaudit.com, audits.txbrandaudit.com, and any related subdomain, landing page, form, portal, or online offering that links to them (the “Site”), and your use of our free reports, tools, and audit deliverables.

1.3 By accessing or using the Site, you agree to these Terms and to our Privacy Policy. If you use the Site on behalf of a company, you represent that you have authority to bind it.

2. Changes to these terms

We may revise these Terms at any time. We will update the “Last updated” date and, for material changes, give additional notice. Continued use constitutes acceptance. Revised Terms do not retroactively change an engagement already signed.

3. Eligibility

The Site is intended for business users 18 and older, directed to users in the United States.

4. Free reports, tools, and content

4.1 We offer free downloadable reports, guides, checklists, and tools in exchange for your contact information (“Free Resources”).

4.2 What you get. A perpetual, non-exclusive, non-transferable license to use Free Resources inside your own business. You may not resell them, republish them, distribute them as your own, use them as the basis of a competing product or service, or remove our branding.

4.3 What they are not. Free Resources are general educational information. They are not an audit, not advice specific to your business, and not a professional opinion about your brand. They are written for a general audience and cannot account for your market, your customers, your finances, or your circumstances.

4.4 They are marketing. Requesting a Free Resource subscribes you to marketing emails from us. Every one has a working unsubscribe link and you may leave at any time. That is the trade and we would rather say it plainly than bury it.

4.5 Blog posts, landing page copy, sample audits, and other Site content are general information, not advice. Sample audits shown on the Site are illustrative and may be redacted, anonymized, or composed for demonstration.

5. Audit services and your agreement

5.1 Paid audits and related services are governed by the written proposal, statement of work, or agreement you sign (your “Agreement”), together with any invoices and questionnaires referenced in it.

5.2 If these Terms and your Agreement conflict, your Agreement controls.

5.3 Tier definitions, scope, deliverables, research depth, number of categories reviewed, revision rounds, delivery timeline, call inclusions, and fees live exclusively in your Agreement and in the proposal issued to you.

5.4 Pricing on the Site is illustrative and subject to change without notice. It is fixed only in a written proposal and only for the period stated there.

5.5 An audit does not begin until we have both a signed Agreement and payment, and until you have completed the required intake questionnaire. The questionnaire is not optional. An audit built without your input is a guess, and we do not sell guesses.

6. No guarantee of results

This is the most important section on this page.

6.1 A brand audit is a professional opinion based on research, experience, and a defined methodology. It is not a guarantee of any business outcome.

6.2 We do not guarantee, and nothing on the Site, in any Free Resource, in any proposal, or in any audit deliverable should be read as guaranteeing:

(a) any search engine ranking or position, on Google, Bing, or any AI search or answer engine; (b) any citation, mention, or inclusion in an AI-generated answer or overview; (c) any volume of traffic, impressions, leads, or inquiries; (d) any conversion rate, close rate, or cost per lead; (e) any revenue, profit, sales, or return on investment; (f) any follower count or engagement rate; (g) any competitive position or market share; or (h) any outcome that depends on the acts of a third party or on a platform we do not control.

6.3 An audit tells you what we think is wrong and what we would do about it. It does not do the work. Findings and recommendations produce results only if implemented, and implementation is either a separate engagement or your own responsibility. A recommendation you do not act on returns nothing, and that is not a defect in the audit.

6.4 Results depend on factors outside our control, including your product, pricing, market, competition, budget, sales process, team capacity, timing, and the policies and algorithms of search engines, social platforms, and advertising networks, which change without notice.

6.5 Research data has limits. Audits rely on third-party research tools, search data, review platforms, analytics, and public sources. That data is estimated, sampled, time-bound, and sometimes inaccurate, and we do not control it or warrant it. We will tell you where a number is an estimate rather than a measurement.

6.6 An audit reflects conditions as of the date of research. Markets, competitors, algorithms, and your own business change. An audit is a snapshot, not a standing warranty.

6.7 What we do commit to. Doing the research honestly, applying our methodology competently, telling you what we actually think rather than what is comfortable, and delivering the scope in your Agreement to the standard of care ordinarily exercised by qualified professionals in our field.

6.8 Nothing in an audit is legal, tax, accounting, financial, regulatory, or investment advice. This specifically includes trademark availability. We may comment on a name or mark, but we do not perform trademark clearance. Have a trademark attorney clear anything before you invest in it.

7. Opinion, criticism, and third parties

7.1 An audit contains critical opinion. That is the product you are buying. Findings may be direct, unflattering, and uncomfortable. If you want validation rather than assessment, do not buy an audit.

7.2 Statements of opinion in an audit are exactly that: our subjective professional judgment, not statements of objective fact.

7.3 Competitor analysis. Audits include analysis of your competitors based on publicly available information. Statements about a competitor are our opinion, based on public sources, as of the research date. We use third-party names and marks solely for identification and comparative commentary, which is nominative fair use. No affiliation, sponsorship, or endorsement is implied.

7.4 You may not republish a competitor analysis as an attack. Your audit is licensed for internal business use under Section 8. Using our competitor commentary in your own public advertising or disparagement of a competitor is outside that license and outside our intent, and you do so at your own risk and on your own liability.

7.5 If you believe an audit contains a factual error about you or a third party, tell us. We will review the underlying source and correct a genuine factual error.

8. Intellectual property

8.1 Our methodology is ours. We own and retain all right, title, and interest in our audit methodology, category framework, scoring models and rubrics, research engine architecture, questionnaire design, report templates and layouts, checklists, prompts, and all associated know-how (our “Audit IP”). Nothing transfers Audit IP to you.

8.2 Your audit is yours to use. On full payment, you receive a perpetual, worldwide, non-exclusive, non-transferable, royalty-free license to use, reproduce, and internally distribute your completed audit deliverable within your own business, including sharing it with your employees, your board or investors, and vendors implementing the recommendations.

8.3 What that license does not allow. You may not (a) resell, license, or distribute your audit outside your organization for a fee; (b) publish it publicly in full; (c) use our Audit IP, methodology, framework, scoring system, or templates to create, market, or deliver audit or assessment services of your own or for others; (d) remove our branding or attribution; or (e) use it to build a competing product or service.

8.4 Starter kits and templates. Where a tier includes drafted materials such as messaging, social, funnel, or AI search starter kits, those drafts are yours to use, adapt, and deploy in your own business under Section 8.2. The underlying template structures and frameworks remain Audit IP.

8.5 Your materials. You retain ownership of everything you provide, including questionnaire responses, brand assets, copy, photography, and performance data (“Client Materials”). You grant us a non-exclusive, royalty-free license to use and reproduce them as necessary to perform the audit and, subject to Section 9, to display work in our portfolio. You represent that you have all rights necessary to provide them and will indemnify us against any claim that you did not.

8.6 Site content. The Site and its content are owned by Gabe Rene LLC or our licensors. You receive a limited, revocable, non-exclusive license to view the Site for your own business evaluation. All other rights reserved.

8.7 No AI training. You may not use any content on the Site, in any Free Resource, or in any audit deliverable to train, fine tune, ground, retrieve against, evaluate, or otherwise develop any artificial intelligence, machine learning, generative, or large language model system. This includes uploading our methodology, framework, or a completed audit to a third-party AI tool for the purpose of reproducing our system. Using an AI assistant to help you read, summarize, or implement your own audit internally is fine and expected. We expressly reserve our rights under Article 4(3) of Directive (EU) 2019/790 and every equivalent reservation available under other applicable law.

8.8 No scraping. You may not use any robot, spider, crawler, scraper, headless browser, or automated means to access, extract, or collect content from the Site, except a public search engine crawler complying with our robots.txt file.

8.9 Trademarks. TX Brand Audit, GR Studio & Co., Gabe Rene LLC, Gabe Rene, our logos, our slogans, and the look and feel of the Site are trademarks and trade dress of Gabe Rene LLC and may not be used without our written permission.

9. Confidentiality and delivery

9.1 Your audit is confidential to you. We deliver audits through a password-protected portal at audits.txbrandaudit.com. Each client gets their own credentials.

9.2 Keep the link and password inside your organization. Do not post either publicly, and do not share them with a competitor. Doing so exposes your own business data and breaches Section 8.3.

9.3 We hold your information in confidence. Audits require revenue figures, customer data, performance metrics, and strategic plans. We use them only to perform your audit, disclose them only to personnel and contractors bound by confidentiality who need them, and we do not discuss your business publicly. We will sign your NDA.

9.4 Portfolio use. We may reference the engagement and display anonymized or approved excerpts in our marketing. If you want it kept quiet, say so and we will keep it quiet. Costs nothing, no pushback. We will not publish your confidential business data or performance figures without your written approval.

9.5 Portal availability. Audit portals remain accessible for the period stated in your Agreement. Download and save your deliverable. The portal is delivery, not archival storage.

10. Research practices

10.1 To perform an audit we collect information about your business, your competitors, and your market from public sources and licensed research tools, and from analytics or advertising accounts you grant us access to.

10.2 We use publicly available information and data you authorize. We do not access private accounts without permission, we do not circumvent authentication or paywalls, and we do not purchase personal data about individuals.

10.3 Where you grant us access to your analytics, search, or advertising accounts, we access only what the audit requires. Revoke our access at any time. We will also prompt you to remove it at close-out.

10.4 Research sources and tools are listed in our Privacy Policy, Section 4.

11. Payment and refunds

11.1 Fees and payment schedule are in your Agreement. Audits are generally payable in full or by deposit before research begins.

11.2 Why refunds work the way they do. The bulk of audit cost is research and analysis performed before you ever see a deliverable. Once that work is done, it cannot be un-done or resold.

11.3 Refund policy:

11.4 We do not refund because you disagreed with the findings. An audit that tells you what you wanted to hear would be worthless. If you believe we made a factual error, tell us under Section 7.5 and we will review the source and correct it.

11.5 We do not refund for lack of results. See Section 6. We sell research and opinion, not outcomes.

11.6 Undisputed amounts more than fifteen (15) days past due accrue interest at the lesser of one and one half percent (1.5%) per month or the maximum permitted by Texas law. We may suspend work and withhold delivery on accounts more than thirty (30) days past due.

11.7 You are responsible for applicable sales and use tax, shown on your invoice where it applies.

11.8 Introductory, founding, promotional, or trade rates apply only as stated in writing and only for the stated period. They set no precedent for future pricing.

12. Your responsibilities

12.1 Complete the questionnaire honestly and on time. The quality of an audit depends directly on the quality of what you tell us. Incomplete or inaccurate input produces a weaker audit and that is not something we can fix on our end.

12.2 Provide requested access, materials, and clarifications within the timeframes in your Agreement. Delays on your side shift the delivery timeline, not the payment schedule.

12.3 If an audit goes dormant on your side for more than sixty (60) days, we may deliver based on information available, invoice in full, and close the engagement.

12.4 You are responsible for the legal compliance of your own business, including advertising claims, product claims, privacy practices, and accessibility.

13. Prohibited conduct

You will not: violate any law in connection with the Site; impersonate any person or entity; access any audit portal or deliverable you were not given credentials for; share portal credentials outside your organization; probe or breach any security measure; upload malware; interfere with or overburden the Site; submit a questionnaire under a false identity or on behalf of a business you do not represent; request an audit of a business you have no relationship with in order to obtain competitive intelligence about it; send spam through the Site; ignore our robots.txt file; or post unlawful, defamatory, infringing, or privacy-violating content.

14. Feedback

Questions, comments, suggestions, and ideas about us or the Site may be used for any purpose without acknowledgment, compensation, or obligation, and may be treated as non-confidential. This does not apply to confidential information under Section 9.3.

15. Copyright complaints

We terminate repeat infringers in appropriate circumstances under 17 U.S.C. § 512. Send notices meeting the requirements of 17 U.S.C. § 512(c)(3) to our designated agent at Gabe Rene LLC, PO Box 1131, Ingram, TX 78025, gabe@gaberene.com. Knowing material misrepresentation may make you liable under 17 U.S.C. § 512(f).

16. Third-party services and data

16.1 The Site integrates third-party services, including our CRM, form providers, email platform, scheduler, payment processors, hosting, research and SEO data providers, and analytics and advertising platforms. Their terms and privacy policies govern your use of them.

16.2 We do not control third-party research data and do not warrant its accuracy, completeness, or availability. See Section 6.5.

16.3 Outbound links and third-party references do not imply endorsement.

17. Disclaimers

17.1 YOUR USE OF THE SITE, FREE RESOURCES, AND ANY DELIVERABLE IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY STATED IN A SIGNED WRITING, THE SITE, FREE RESOURCES, AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

17.2 TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

17.3 We do not warrant that the Site is accurate, complete, current, uninterrupted, secure, or error free.

17.4 See Section 6. We make no warranty as to results.

18. Limitation of liability

18.1 TO THE FULLEST EXTENT PERMITTED BY LAW, GABE RENE LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, CONSULTANTS, AND AGENTS (THE “GABE RENE PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST SALES, LOST DATA, LOSS OF GOODWILL, OR LOSS OF BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, ANY FREE RESOURCE, OR ANY AUDIT, EVEN IF ADVISED OF THE POSSIBILITY. THIS SPECIFICALLY INCLUDES ANY LOSS ARISING FROM A BUSINESS DECISION YOU MADE IN RELIANCE ON AN AUDIT.

18.2 TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE GABE RENE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO AN AUDIT WILL NOT EXCEED THE AMOUNT YOU PAID FOR THAT AUDIT. FOR CLAIMS NOT ARISING FROM A PAID AUDIT, INCLUDING ANY CLAIM RELATING TO A FREE RESOURCE, TOTAL AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

18.3 These limitations apply regardless of the form of action and survive any failure of essential purpose of any limited remedy.

19. Indemnification

To the fullest extent permitted by law, you will indemnify, defend, and hold harmless the Gabe Rene Parties from any claims, losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to (a) Client Materials, including any claim that they infringe a third party’s rights; (b) your breach of these Terms; (c) your use of an audit or Free Resource outside the licensed scope, including any public use of competitor commentary under Section 7.4; (d) your business decisions and their consequences; (e) your advertising claims, product claims, or regulatory compliance; or (f) your misconduct in connection with the Site. We may assume exclusive control of the defense and settlement of any indemnified matter at your expense.

20. Electronic communications, email, and text

20.1 You consent to receive communications from us electronically and agree they satisfy any writing requirement.

20.2 Email. Requesting a Free Resource or submitting an inquiry subscribes you to marketing email. Every marketing email has a working unsubscribe link. Transactional email about an active engagement is necessary to the service and continues after you unsubscribe from marketing. We comply with the CAN-SPAM Act.

20.3 Text. Clients may receive texts about an active engagement. Marketing texts require separate express opt in and are never a condition of any purchase. Message and data rates may apply. Reply STOP to opt out, HELP for help, or contact gabe@gaberene.com or 210.802.6055. Carriers are not liable for undelivered messages.

21. Accessibility

We work toward WCAG 2.1 Level AA conformance on the Site. Some content, including third-party embeds and PDF deliverables, may not yet fully conform. If you need an audit deliverable in an alternative accessible format, ask and we will produce one. Report a barrier to gabe@gaberene.com or 210.802.6055.

22. Termination

22.1 We may suspend or terminate your access to the Site or any portal at any time, with or without notice, including for breach.

22.2 Termination of an engagement is governed by your Agreement.

22.3 Sections 6, 7, 8, 9, 11, 14, 17, 18, 19, 23, and 24 survive termination.

23. Governing law, venue, and disputes

23.1 Talk first. Before filing any claim, contact us at gabe@gaberene.com with a written description of the dispute and work with us in good faith for at least thirty (30) days.

23.2 Governing law. Texas law governs, without regard to conflict of law rules, except as preempted by federal law.

23.3 Venue. Any dispute not resolved informally will be brought exclusively in the state or federal courts sitting in Kerr County, Texas. You consent to jurisdiction and venue there and waive any inconvenient forum objection.

23.4 Limitations period. Any claim must be filed within one (1) year after it arose, to the extent permitted by law.

23.5 Either party may seek injunctive relief in any court to protect intellectual property or confidential information.

24. General

24.1 Severability. An unenforceable provision is severed and the rest survives.

24.2 No waiver. Failure to enforce is not waiver.

24.3 Assignment. You may not assign without our written consent, except to a successor to all or substantially all of your business. We may assign freely.

24.4 Entire agreement. These Terms, our Privacy Policy, and any signed Agreement are the entire agreement on this subject.

24.5 Independent contractor. Nothing creates a partnership, joint venture, agency, or employment relationship.

24.6 Force majeure. We are not liable for failure or delay caused by events beyond our reasonable control, including natural disaster, severe weather, illness, epidemic, utility or network failure, platform or data provider outage, or governmental action.

24.7 No third-party beneficiaries except the Gabe Rene Parties in Sections 18 and 19.

24.8 Headings have no legal effect.

25. Contact

TX Brand Audit A division of Gabe Rene LLC PO Box 1131 Ingram, TX 78025 gabe@gaberene.com 210.802.6055 txbrandaudit.com

Gabe Rene | Gabe Rene LLC | 210.802.6055 | gaberene.com