Legal.

BrandMyItem is operated by IRLi LLC, a California limited liability company ("IRLi," "BrandMyItem," "we," "us"). Contact: legal@brandmyitem.com.

Terms of Use

Effective date: September 1, 2026

These Terms of Use ("Terms") are a binding agreement between you and IRLi LLC governing your use of brandmyitem.com and the BrandMyItem service (the "Service"). By using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. What BrandMyItem is

BrandMyItem is a marketplace for physical advertising placements. An individual (an "Owner") posts a listing for a catalog item they want. Businesses ("Brands") reserve defined advertising spots on that item from BrandMyItem at fixed prices. When every spot on a listing is reserved and the listing funds, BrandMyItem charges each saved card, buys the item new at retail, and ships it to the Owner, with the approved brand marks applied by BrandMyItem. BrandMyItem sells advertising placement services to Brands. BrandMyItem is not a bank, money transmitter, payment processor, crowdfunding platform, lender, or investment of any kind. Owners never receive or transmit money through the Service.

2. Eligibility and accounts

• You must be at least 18 years old and able to form a binding contract to use the Service.
• Owners must have a valid United States shipping address. The Service is offered in the United States.
• You are responsible for the accuracy of the information you provide and for activity under your account or email.
• Brand reservations must be made by a person authorized to act for the Brand.

3. Listings and spot pricing

• Only items in the current BrandMyItem catalog may be listed. The catalog contains everyday, publicly visible items with genuine advertising surface; no motorized, registered, titled, or insured items are listed.
• Each spot's base share is calculated from its portion of the item's usable advertising surface. Final spot prices add up to the full campaign goal and are all-in, covering BrandMyItem-applied branding, item sales tax, shipping, and handling.
• Spots are reserved first come, first served. Displayed availability is not a guarantee that a spot will remain available until the reservation completes.
• When posting, the Owner selects the term (6, 12, or 18 months) and the check-in cadence (weekly, biweekly, or monthly). Both are locked when the listing is published and cannot be changed.

4. Brand reservations and payment

• At reservation, Brands authorize a secure SetupIntent through Stripe. Stripe saves the payment method for the limited purpose of a possible future charge. No charge is made when the reservation is created, and IRLi LLC does not store full card numbers.
• If every spot is reserved and the listing funds, IRLi LLC charges each saved payment method off-session for that Brand's exact all-in spot price. A decline starts a 48-hour cure window. During that window, the Brand may update its card through the one-time link in the decline email. A successful charge is a purchase of advertising placement services from IRLi LLC, not a payment to the Owner, not a pledge, and not a deposit.
• IRLi LLC purchases the item as the Owner's purchasing agent. Title passes from the retailer directly to the Owner. Sales tax is charged at the Owner's shipping address and is included in the campaign total.
• Before funding, a Brand may cancel a reservation and will never be charged. At reservation the Brand submits one production-ready logo file, brand name, work email, and destination link (the "Submission").

5. Funding, fulfillment, and delivery

• A listing "funds" when every spot on it has been reserved and every off-session funding charge succeeds within the 60-day funding window. If it does not fund, reservations are released and no card is charged. If at least 50% of the spots were reserved at expiry, the listing may be relisted once for a single additional 30-day window.
• When a listing funds, BrandMyItem purchases the item new at retail from a retailer of its choosing, applies and verifies every approved sponsor mark, and ships the pre-branded item to the Owner's address.
• We target delivery of the pre-branded item within 60 days of funding. Campaign branding is applied by BrandMyItem, not Owners.
• If we cannot ship within the stated time, we will notify the affected parties of the revised date and, where required by the FTC Mail, Internet, or Telephone Order Rule, offer the choice of consenting to the delay or receiving a refund of affected purchases.
• Items are ordered new and carry the manufacturer's warranty. Title to the item passes directly from the retailer to the Owner. Risk of loss in transit remains with us; if a shipment arrives damaged or is lost, contact us and we will resolve it with the retailer and carrier.

6. Owner responsibilities

• Keep every reserved placement applied to the item, unaltered and unobstructed, for the full locked term.
• Placements must remain visible whenever the item is in use. A case, skin, cover, or sleeve that hides a placement while the item is in use is treated as covering it. Visibility is judged from ordinary use, not a studio close-up. For example, an opaque phone case that covers a branded phone placement while the phone is in use is not visible and violates this clause, while normal wear that does not obscure the mark is not a breach.
• Use the item in ordinary public life in the manner it is meant to be used.
• Submit one check-in photo per cycle at the locked cadence, showing the item and its placements, for the full term, as described in the Check-in Policy.
• Do not sell, gift, pawn, or dispose of the item, and do not remove or cover placements, before the term ends.
• If you sell, gift, trade, or transfer the item, or intentionally remove, cover, deface, or alter any placement during the term, you owe IRLi LLC the listing's campaign total plus reasonable costs of collection. IRLi may pursue this by demand letter, small claims court, or a collection agency.
• Normal wear is not a breach. Report it through check-in and IRLi will replace or reapply at no cost.
• If the item is stolen or lost, file a police report and upload it. The term ends and you owe nothing.
• Listings with a campaign total of $2,000 or more require a completed W-9 and one linked social account before publishing.

6A. Brand placement make-good

If a placement fails during the term for reasons attributable to the owner, IRLi will place you on a comparable item for the remaining term at no charge. If no comparable spot is available within 30 days, IRLi refunds the unserved portion of the term. The prorated refund is calculated as spot price × months remaining ÷ term months. This make-good is your exclusive remedy, and you agree not to initiate a chargeback for any placement covered by it.

7. Submissions, license, and our right to decline

• The Brand retains all rights in its marks. The Brand grants IRLi LLC a limited, non-exclusive license to reproduce the Submission once on the reserved spot, to display it in the listing, and to display Owner check-in photos of the item publicly. No other use is licensed.
• The Brand represents and warrants that it owns or is licensed to use the submitted mark and that the Submission complies with the Content Standards.
• We may decline or remove any placement that violates the Content Standards or the law. Before funding, the reservation is released and no card is charged. After funding, any applicable return is handled under the Refund Policy.
• Owners grant IRLi LLC a license to display their listing content and check-in photos on the Service and in connection with operating it.

8. Disclosures and endorsements

Owners who post about their item on social media or elsewhere must clearly and conspicuously disclose their material connection to the sponsoring Brands consistent with the FTC Endorsement Guides (for example, "#ad"). Brands that republish Owner check-in photos as their own advertising are responsible for that advertising, including any required disclosures.

9. Taxes

Sales or use tax may be collected on Brand purchases where required. Receiving an item in exchange for a display term may be taxable income to the Owner; each party is responsible for its own taxes, and we issue tax forms where the law requires.

10. Trademarks and no affiliation

Product and manufacturer names shown in listings identify the item only. BrandMyItem and its listings are not sponsored by, endorsed by, or affiliated with any item manufacturer. All third-party marks belong to their owners.

11. Prohibited conduct

• No false listings, fake check-ins, staged or recycled photos, or manipulation of the funding process.
• No use of the Service to launder money, evade sanctions, or conduct unlawful activity.
• No scraping, reverse engineering, or interference with the Service's operation.
• No submitting content you lack rights to, and nothing prohibited by the Content Standards.

12. Termination

We may suspend or terminate access for violation of these Terms. Funded listings in good standing will be completed or handled as these Terms and the Refund Policy provide. Sections that by their nature survive termination survive it.

13. Disclaimers

The Service is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant any particular marketing outcome, audience, impressions, or business result from any placement. Items carry their manufacturer's warranty; we make no additional warranty for items.

14. Limitation of liability

To the fullest extent permitted by law, IRLi LLC will not be liable for indirect, incidental, special, consequential, or punitive damages, or lost profits or revenues. Our total liability for any claim arising out of the Service will not exceed the greater of (a) the amounts you paid to IRLi LLC in the 12 months before the claim arose and (b) $100. Some jurisdictions do not allow certain limitations; where prohibited, they do not apply.

15. Indemnity

You will indemnify and hold IRLi LLC harmless from claims arising out of your content, your Submissions, your breach of these Terms, or your violation of law or third-party rights.

16. Disputes, arbitration, and class waiver

• Before filing a claim, contact legal@brandmyitem.com; most issues can be resolved informally within 30 days.
• Except as provided below, any dispute arising out of these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in Orange County, California or remotely. Judgment on the award may be entered in any court of competent jurisdiction.
• Carve-outs: either party may bring an individual claim in small-claims court, and either party may seek public injunctive relief in court where that right cannot be waived under California law. Claims of intellectual-property infringement may be brought in court.
• Class waiver: disputes will be resolved only on an individual basis; class actions and class arbitrations are waived to the extent permitted by law.
• Opt-out: you may opt out of this arbitration agreement by emailing legal@brandmyitem.com within 30 days of first accepting these Terms.

17. Governing law; general

These Terms are governed by California law, without regard to conflicts rules. If a provision is unenforceable, the rest remain in effect. These Terms, the Refund Policy, the Content Standards, the Check-in Policy, and the Privacy Policy are the entire agreement between you and IRLi LLC regarding the Service. We may update these Terms; material changes will be posted with a new effective date, and continued use after the effective date is acceptance. Notices to us: legal@brandmyitem.com.

Privacy Policy

Effective date: September 1, 2026

1. What we collect

• Account and listing information: name or username, email, and for Owners, the shipping address used to deliver the item, plus listing choices (item, term, cadence, application method).
• Brand reservation information: brand name, purchaser name, work email, destination link, the logo file, and reservation and charge records. Stripe collects and processes payment method details; IRLi LLC receives payment-method identifiers and limited confirmation details, not card numbers.
• Check-in content: the photos Owners submit, which are public by design, including any wear report or police report uploaded when an item is stolen or lost.
• Tax information: for listings with a campaign total of $2,000 or more, a completed W-9, including the taxpayer identification number (TIN), and one linked social account.
• Social handles: if an Owner links X, Instagram, or TikTok handles, we store the handle to display a public profile link.
• Usage data: device, browser, IP address, and pages viewed, collected through server logs and essential cookies.

2. How we use it

• To run the marketplace: publish listings, process reservations and funding charges, apply placements, buy and ship items, display check-ins, and provide the public record.
• To communicate about listings, purchases, shipments, check-ins, and support.
• To prevent fraud and abuse, and to comply with law, including tax and consumer-protection obligations. W-9 data, including TIN, is used only for tax reporting.
• We do not sell personal information, and we do not use third-party advertising cookies.

3. What is public

Listings, spot status, check-in photos, flags for missed check-ins, and linked social handles are public. An Owner's shipping address, email, and legal name are never shown to Brands or the public.

4. Who we share with

• Service providers: Stripe processes saved payment methods; other providers support hosting, email delivery, and shipping, each limited to what they need to perform their service.
• Retailers and carriers: the Owner's name and shipping address, to purchase and deliver the item.
• Legal: when required by law, to protect rights and safety, or in a business transfer, with notice where required.

5. Retention

We keep account and transaction records as long as needed to operate the Service and meet legal obligations (generally 7 years for transaction records), and public check-in records for the life of the listing plus a reasonable archive period. W-9 data, including TIN, is stored encrypted. Police reports are retained for the term plus 3 years. You may request deletion of your account data; we will delete what we are not legally required to keep.

6. Your choices and rights

• You can access, correct, or delete your account information by emailing privacy@brandmyitem.com.
• California residents may request disclosure of the categories and specific pieces of personal information we hold, request deletion, and will not be discriminated against for exercising these rights. We honor these requests regardless of whether a given law technically applies to us.
• We respond to verified requests within 45 days.

7. Security, children, changes

We use industry-standard safeguards including encryption in transit and access controls; no system is perfectly secure. The Service is not directed to anyone under 18, and we do not knowingly collect information from children under 13; if we learn we have, we delete it. We will post any changes to this policy with a new effective date. Contact: privacy@brandmyitem.com.

Refund Policy

Effective date: September 1, 2026

• Unfunded listings. Every listing has a 60-day funding window. If every spot is not reserved and successfully funded by day 60, reservations are released. No card was charged, so there is no refund for an unfunded listing.
• Before funding. Brands may cancel a reservation before funding and will never be charged.
• After funding. Funded charges are final except where IRLi LLC declines a placement, cancels a funded listing, or cannot ship within the stated timeline and a refund is required by applicable law or the FTC Mail, Internet, or Telephone Order Rule. IRLi LLC absorbs applicable Stripe fees on refunds.
• Shipping delays. If we cannot ship within the stated timeline after funding, we will notify affected parties of the revised date and, where required by the FTC Mail, Internet, or Telephone Order Rule, offer consent to the delay or a refund.
• Our cancellation. If we cancel a funded listing for any reason (for example, the item becomes unavailable at retail and no equivalent configuration exists), every purchase on it is refunded in full.
• Owner non-performance. Refunds are not issued for an Owner's missed check-ins after a listing has funded; consequences for Owners are the public flag and posting restrictions described in the Check-in Policy.
• Placement make-good. If a placement fails during the term for reasons attributable to the owner, IRLi first provides a comparable spot on another item for the remaining term at no charge. If no comparable spot is available within 30 days, IRLi refunds the unserved portion: spot price × months remaining ÷ term months.

Content Standards

Effective date: September 1, 2026

These standards apply to every Submission and every listing. We decline or remove what violates them. Before funding, the reservation is released and no card is charged. After funding, any applicable return follows the Refund Policy.

Patch, embroidery, and engraving simplify artwork: no gradients, minimum stroke weight applies, limited colors. The brand approves a production proof before any placement is applied.

• Rights. Submit only marks you own or are licensed to use. No lookalikes, parodies of third-party marks, or celebrity names or likenesses without rights.
• Prohibited content. Nothing unlawful; no adult or sexually explicit content; no hate symbols or content demeaning protected groups; no promotion of violence or weapons; no illegal drugs or drug paraphernalia.
• Restricted categories. We do not accept placements for tobacco, vaping, or nicotine products. Placements for age-restricted or heavily regulated products or services (for example, alcohol, gambling, cannabis, financial products) may be declined at our discretion where we cannot lawfully or responsibly display them.
• Quality. Files must be production-ready (vector preferred), legible at the reserved spot size, and free of embedded claims that would be false or misleading on their face.
• Items. Owners may list catalog items only. Counterfeit or materially misdescribed items are prohibited and will be removed.

Check-in Policy

Effective date: September 1, 2026

• Cadence. The Owner selects weekly, biweekly, or monthly when posting. The cadence and term are locked when the listing is published.
• What a check-in is. One current photo per cycle showing the item in use with all placements visible. Recycled, stock, or manipulated photos do not count and may be removed.
• Window and grace. Each cycle's check-in may be submitted any time during the cycle, with a 3-day grace period after it ends.
• Missed check-ins. A missed cycle places a public flag on the listing. Three missed cycles in a term restricts the Owner from posting new listings. Flags and restrictions are the only consequences; there are no financial penalties and no item clawbacks.
• Duration. Check-ins run for the full locked term and end when it ends. The public record of the listing remains available afterward.
• Report wear. Use the Report wear option in check-in when a placement has normal wear. IRLi will replace or reapply it at no cost.
• Report theft or loss. Use the Report theft or loss option and upload a police report. The term ends and the Owner owes nothing.