Terms of Service
Last Updated: February 2026
1. Acceptance of Terms
By accessing and using the Brainstorm IT website (the "Website"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (the "Terms"). These Terms govern your use of this Website only. Any consulting or software development services provided by Brainstorm IT are governed by separate written agreements between you and Brainstorm IT.
If you do not agree to these Terms, you must not access or use this Website.
2. Description of Services
Brainstorm IT provides embedded product teams and software development consulting services. This Website serves as an informational resource about our services and provides a means for prospective clients and other visitors to contact us.
While we strive to keep the information on this Website accurate and up to date, we make no warranty or representation that the content is complete, current, or free from errors.
3. Use of Website
You are permitted to use this Website for the following purposes:
- Browsing and reviewing information about Brainstorm IT and its services
- Submitting contact inquiries through the provided contact form
You agree not to:
- Attempt to gain unauthorized access to any part of the Website, its servers, or any connected systems
- Engage in automated data collection, scraping, or harvesting of any content from the Website
- Upload or transmit any malicious code, viruses, or harmful content
- Use the contact form to send spam, unsolicited marketing, or bulk communications
- Attempt to disrupt, degrade, or interfere with the normal operation of the Website
4. Contact Form and Communications
Submitting a contact inquiry through the Website does not create a client relationship, contractual obligation, or any binding commitment on the part of Brainstorm IT. We are under no obligation to respond to, accept, or act upon any inquiry received through the contact form.
Any personal information you provide through the contact form will be handled in accordance with our Privacy Policy. If you choose to attach files through the contact form (up to 3 files, 5MB total), you represent and warrant that such files do not contain malicious code, viruses, or other harmful content.
5. Intellectual Property
All content on this Website, including but not limited to text, design, layout, logos, source code, and images, is owned by Brainstorm IT or its licensors and is protected by applicable intellectual property laws. No license or right is granted to you except a limited, non-exclusive, non-transferable right to view the Website content for your personal or business evaluation purposes.
The name "Brainstorm IT" and all associated logos and marks are proprietary to Brainstorm IT. You may not use, reproduce, or display these marks without prior written consent.
By submitting files or materials through the contact form, you represent and warrant that you have the right to submit such content. You grant Brainstorm IT a non-exclusive, royalty-free license to use submitted materials solely for the purpose of evaluating and responding to your inquiry.
6. Project Agreements
Actual software development and consulting services provided by Brainstorm IT are governed by separate Master Service Agreements ("MSAs") and Statements of Work ("SOWs") entered into between Brainstorm IT and its clients. Those agreements outline the specific scope, deliverables, timelines, payment terms, and intellectual property rights applicable to each engagement.
Nothing in these Terms governs or modifies the terms of any consulting engagement. In the event of any conflict between these Terms and a signed project agreement, the project agreement shall prevail with respect to the services described therein.
7. Third-Party Links
This Website may contain links to third-party websites, including client websites or external resources. These links are provided for convenience and informational purposes only. Brainstorm IT does not endorse, control, or assume any responsibility for the content, privacy practices, or services of any third-party website. Accessing third-party links is at your own risk.
8. Limitation of Liability
To the maximum extent permitted by applicable law, Brainstorm IT shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of, or inability to use, this Website. This includes, without limitation, damages for loss of profits, data, goodwill, or other intangible losses.
The maximum aggregate liability of Brainstorm IT for any claims arising out of or related to your use of this Website shall be limited to the total amount you have paid to access this Website. As this is a free informational website, such amount is zero.
Nothing in these Terms shall exclude or limit liability for fraud, gross negligence, or any other liability that cannot be excluded or limited under applicable law.
9. Disclaimer of Warranties
This Website is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. Brainstorm IT disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
The information presented on this Website is for general informational purposes only and does not constitute professional, legal, financial, or technical advice. Brainstorm IT makes no guarantee of continuous, uninterrupted, or secure access to the Website and does not warrant the availability or uptime of the Website at any given time.
10. Indemnification
You agree to indemnify, defend, and hold harmless Brainstorm IT and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with:
- Your use of or access to this Website
- Your violation of any provision of these Terms
- Your infringement or violation of any third-party rights, including intellectual property rights, through any content you submit via the contact form
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of law provisions. This governing law clause applies to the use of this Website only. Consulting and development engagements may be governed by different laws as agreed upon in separate contracts between Brainstorm IT and its clients.
12. Dispute Resolution
Any dispute arising out of or in connection with these Terms shall be resolved through the following process:
- Step 1: Negotiation. The parties shall first attempt to resolve the dispute through good faith negotiation for a period of thirty (30) days from the date one party provides written notice of the dispute to the other.
- Step 2: Mediation. If the dispute is not resolved through negotiation, the parties shall submit the matter to mediation under the Philippine Alternative Dispute Resolution Act (Republic Act No. 9285).
- Step 3: Arbitration. If mediation fails to resolve the dispute, it shall be submitted to binding arbitration administered by the Philippine Dispute Resolution Center, Inc. (PDRCI). The arbitration shall be seated in Metro Manila, Philippines and conducted in English.
13. Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the provision.
14. Changes to Terms
Brainstorm IT reserves the right to modify, amend, or update these Terms at any time without prior notice. Changes are effective immediately upon posting to this Website, and the "Last Updated" date at the top of this page will be revised accordingly. Your continued use of the Website after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
15. Contact Information
If you have any questions or concerns about these Terms of Service, please contact us at:
- Email: hello@bstormit.com
- Location: Manila, Philippines