SoftbriteTermsof Service.
Please read these Terms of Service carefully before using the Softbrite website or making any purchase through the platform.
These Terms of Service ("Terms") are a legally binding agreement between you ("Purchaser," "you," "your") and Softbrite ("Company," "we," "us," "our"), a company headquartered in El Paso, Texas, United States. These Terms govern your access to and use of the Softbrite website, platform, user dashboard, and all associated services (collectively, the "Service").
By creating an account, accessing the platform, browsing the domain catalog, making a purchase, or using any feature of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any provision of these Terms, you must not use the Service and should not create an account or make any purchase.
These Terms should be read in conjunction with our Disclaimer, Privacy Policy, and Cookie Policy, which together form the complete legal framework governing your relationship with Softbrite.
Softbrite provides a premium .com domain acquisition and managed resale service. The Service enables Purchasers to browse a curated catalog of premium .com domain names that have been sourced and evaluated by the Softbrite team, purchase one or more domains from the catalog, and have those domains marketed, positioned, and sold to end buyers by the Softbrite professional resale team.
The managed resale service includes, but is not limited to, the development of professional buyer-facing landing pages on each purchased domain, the creation and management of targeted paid advertising campaigns designed to reach qualified buyers in relevant industries, the listing of domains across premium marketplace channels where high-value domain transactions occur, the management of all buyer inquiries, communications, and expressions of interest, professional negotiation of offers with prospective end buyers to pursue the strongest possible sale price, and the management of the complete domain transfer and closing process when a sale is finalized.
Softbrite operates as a digital product resale service. It is not a financial institution, bank, investment platform, securities broker, securities dealer, investment advisor, hedge fund, mutual fund, commodity trading operation, or any other form of regulated financial service. The purchase of a domain through Softbrite is the purchase of a digital product. The managed resale service is a professional commercial service, not a financial product, security, or investment instrument.
The Service is available to individuals and entities worldwide, subject to the eligibility requirements and restrictions described in these Terms. Softbrite reserves the right to modify, expand, restrict, or discontinue any aspect of the Service at any time, with or without notice, at its sole discretion.
To create an account and use the Service, you must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction if higher than eighteen. You must have the legal capacity and authority to enter into a binding contractual agreement. If you are using the Service on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.
You must not be located in, or a resident of, any country or territory that is subject to comprehensive sanctions administered by the United States Department of the Treasury's Office of Foreign Assets Control (OFAC), the European Union, or the United Nations Security Council. You must not be listed on any US government list of prohibited or restricted parties, including the Specially Designated Nationals and Blocked Persons List (SDN List).
Softbrite reserves the right to refuse service, decline account registration, or terminate existing accounts at its discretion if it determines that a user does not meet the eligibility requirements described in this section or if it has reasonable grounds to believe that a user's participation in the Service may expose the company to legal, regulatory, or reputational risk.
To access the full features of the Service, including the ability to browse the complete domain catalog and make purchases, you must create a user account. During registration, you must provide accurate, current, and complete information, including your legal name, a valid email address, your country of residence, and any other information requested during the registration process.
You are solely responsible for maintaining the confidentiality and security of your account login credentials, including your password. You must not share your credentials with any third party, allow any other person to access your account, or take any action that would compromise the security of your account. You are responsible for all activity that occurs under your account, whether or not you authorized that activity.
If you believe or suspect that your account has been compromised, accessed without authorization, or that your login credentials have been exposed, you must notify Softbrite immediately by contacting support@Softbrite.com. Softbrite will take reasonable steps to secure your account upon receiving such notification, but is not liable for any losses or damages that occur as a result of unauthorized account access prior to receiving your notification.
You agree not to create more than one account per individual or entity, use false, misleading, or impersonated identity information during registration, use any automated system, bot, or script to create accounts or interact with the platform, or attempt to access the accounts of other users. Softbrite reserves the right to suspend or permanently close any account that violates these provisions, and to take additional action as it deems appropriate, including reporting suspected fraudulent activity to relevant authorities.
You are responsible for keeping your account information up to date. If your email address, country of residence, banking details, or other material information changes, you must update your account promptly. Softbrite is not responsible for failed communications, misdirected disbursements, or service disruptions that result from outdated account information.
The Softbrite domain catalog contains premium .com domain names that have been sourced, evaluated, and curated by the Softbrite team. Each domain in the catalog has been assessed against a set of evaluation criteria, including but not limited to domain length, keyword relevance to high-value industries, brandability, the .com extension, and comparable sales data from the domain aftermarket. These criteria are applied at the professional discretion of the Softbrite sourcing team.
Catalog content, including the specific domains available, their descriptions, categories, and pricing, is subject to change at any time without prior notice. Domains may be added to or removed from the catalog, and prices may be adjusted, based on market conditions, acquisition activity, and the company's ongoing curation process. The availability of any specific domain is not guaranteed until a purchase is confirmed.
When you select a domain and complete the purchase process, your purchase is confirmed upon successful payment processing. Once confirmed, the domain is listed under your account and is visible in your personal dashboard. The Softbrite resale team begins work on the domain within days of purchase confirmation, including the initial phases of landing page development and marketing strategy.
In rare cases, a domain may be purchased by another buyer at approximately the same time you are completing your purchase. If a conflict arises, the purchase that was confirmed first (based on payment processing timestamp) will be honored, and the other buyer will be notified and offered the option to select a different domain or receive a full credit toward another purchase. Softbrite is not liable for any inconvenience or delay caused by such conflicts.
All catalog descriptions, evaluations, and market assessments are provided in good faith based on the professional judgment of the Softbrite team and the data available at the time of listing. They are not warranties, guarantees, or binding representations about the future value, demand, or resale outcome of any domain. Market conditions change, and the attractiveness of any domain to prospective buyers may increase or decrease over time based on factors beyond anyone's control.
All purchases made through Softbrite are final, irrevocable, and non-refundable immediately upon payment confirmation. By completing a purchase, the Purchaser expressly acknowledges and agrees that Softbrite begins allocating operational resources, initiating managed resale activity, configuring marketing infrastructure, preparing marketplace positioning, and committing internal time and expense to the purchased domain without delay. As a result, no purchase shall be eligible for refund, reversal, cancellation, exchange, credit, partial reimbursement, or chargeback-based recovery under any circumstance, including dissatisfaction with resale timelines, lack of buyer interest, market conditions, pricing outcomes, or the absence of a completed sale. Purchasers are solely responsible for evaluating the Service, reviewing all available information, understanding the nature of the premium domain aftermarket, and determining whether a purchase is appropriate for their own financial circumstances prior to completing any transaction.
The purchase of a domain through Softbrite does not constitute the purchase of a domain name as a registered digital asset in your name. Softbrite sources, acquires, and holds all domains in the Softbrite catalog in its own name, through its own registrar accounts, for the purpose of facilitating the managed resale service described in these Terms.
When you complete a purchase, you are acquiring a contractual right -- specifically, the right to receive seventy-two percent (72%) of the net proceeds generated from the eventual sale of your selected domain to an end buyer, managed exclusively by the Softbrite resale team on your behalf. You are not acquiring registrar ownership, DNS control, transferee rights, or any other form of direct legal title to the domain name itself.
Softbrite holds the domain in its name solely in its capacity as resale manager and custodian. Softbrite's interest in the domain is limited to its role as service provider and does not constitute ownership for the purpose of retaining sale proceeds beyond the 28% service fee described in Section 7. All resale proceeds above that fee belong contractually to the Purchaser.
By completing a purchase, you confirm that you understand and accept this structure. You acknowledge that your rights under this agreement are contractual in nature, enforceable against Softbrite as described in these Terms, and are not rights in rem against the domain name itself.
Upon purchase confirmation, the Softbrite resale team initiates the managed resale process for your domain. This process is comprehensive and involves multiple phases of professional activity designed to position your domain for sale to qualified end buyers at the strongest achievable price.
The resale process begins with the development of a professional, buyer-facing landing page built directly on the domain. This is not a generic placeholder. It is a strategically designed presentation that communicates the domain's brand potential, industry relevance, and value proposition to prospective buyers who visit the domain directly or arrive through advertising campaigns. The landing page is designed and managed entirely by the Softbrite resale team.
The resale team then launches targeted paid advertising campaigns designed to reach qualified buyers in the industries and market segments where the domain carries the strongest appeal. These campaigns may include search engine advertising, display advertising, social media advertising, email outreach, and direct communication with identified prospects. The selection of advertising channels, the budget allocated to each campaign, and the targeting parameters used are determined by the resale team at its professional discretion based on what it believes will produce the best outcome for each specific domain.
Simultaneously, the domain is listed across premium marketplace channels where high-value domain transactions take place. These channels are curated environments that attract corporate buyers, funded startups, brand agencies, and other qualified purchasers. The selection of marketplace channels is determined by the resale team based on the domain's characteristics and the team's assessment of where the most relevant buyer demand exists.
When buyer inquiries are received, the resale team manages all communications. This includes responding to initial expressions of interest, providing information about the domain's value and market positioning, qualifying buyer intent and budget, and advancing promising conversations toward negotiation. The resale team handles all buyer communications directly. Purchasers are not involved in and should not attempt to participate in buyer communications.
The negotiation phase is managed entirely by the resale team. Domain negotiations involve specific dynamics that require professional experience to navigate effectively, including initial lowball offers, buyer silence tactics, price justification requests, and multi-party interest scenarios. The resale team applies its negotiation experience to pursue the highest achievable price for each transaction.
When a sale is agreed upon, the resale team manages the complete closing process, including payment collection from the end buyer, payment verification and clearance, domain transfer to the end buyer using standard industry protocols, and initiation of wire transfer disbursement to the Purchaser.
The managed resale service is provided on an exclusive basis for the duration of the resale period. This means that Softbrite is the sole authorized channel for the marketing and sale of your domain. You may not simultaneously list, market, sell, or attempt to sell the domain through any other channel, platform, broker, or personal arrangement while the domain is under Softbrite's managed resale service. This exclusivity is necessary to ensure consistent pricing, messaging, and buyer management across all channels.
The managed resale service does not include building a functional website or web application on the domain for the Purchaser's personal or business use, providing search engine optimization (SEO) services for the domain, providing web hosting services, providing email services associated with the domain, providing legal advice regarding domain ownership or intellectual property, or providing financial, tax, or investment advisory services of any kind. The service is focused exclusively on the resale of the domain to a qualified end buyer.
The Softbrite service operates on a 72/28 revenue split. When a domain is sold to an end buyer, the Purchaser receives seventy-two percent (72%) of the final sale price. Softbrite retains twenty-eight percent (28%) of the final sale price as a service fee.
The 28% service fee is comprehensive. It covers the entire managed resale operation, including all advertising costs, landing page development and management, marketplace listing fees, buyer outreach and communication, negotiation time and expertise, domain transfer management, wire transfer processing, and all administrative overhead associated with the resale of your domain. There are no additional fees, surcharges, or hidden costs at any stage of the process.
The service fee applies exclusively at the time a sale is completed and proceeds are disbursed. There are no monthly fees, annual fees, listing fees, maintenance fees, renewal fees, advertising surcharges, setup fees, cancellation fees, or any other charges. If a domain has not yet been sold, no service fee has been incurred, and the resale team continues to work the domain at no cost to the Purchaser.
This fee structure is designed to create a direct alignment of financial interest between Softbrite and the Purchaser. Because the company's revenue from any given domain depends entirely on that domain being sold, and on the sale price achieved, the resale team is financially motivated to sell every domain and to negotiate the highest possible price on every transaction. This alignment is a core principle of the Softbrite business model and is intended to give Purchasers confidence that the team's efforts on their behalf are genuine and sustained.
The 72/28 split is applied to the gross sale price received from the end buyer. No deductions are made before the split is calculated. The Purchaser receives exactly 72% of whatever the end buyer pays, minus only the 28% service fee. Wire transfer fees charged by sending or receiving banks are separate from the 72/28 calculation and are the responsibility of the receiving party.
When a domain sale is completed and all closing conditions have been met, including verification and clearance of the end buyer's payment and completion of the domain transfer, Softbrite will initiate the disbursement of the Purchaser's 72% share.
Proceeds are disbursed via wire transfer from the United States. Wire transfers are sent to the banking institution and account designated by the Purchaser in their account settings. It is the Purchaser's sole responsibility to ensure that the banking details on file are accurate, complete, and capable of receiving international wire transfers in US dollars.
The timing of wire transfer receipt depends on factors outside Softbrite's control, including the processing speed of the originating bank, any intermediary or correspondent banks involved in the transfer chain, the receiving bank's processing procedures, compliance checks or holds imposed by any bank in the transfer chain, weekends, holidays, and banking business hours in the relevant jurisdictions, and regional banking regulations or foreign exchange controls in the Purchaser's country of residence.
Softbrite initiates wire transfers within a reasonable timeframe following the completion of a sale, typically within five (5) to ten (10) business days. However, the total time from sale completion to funds appearing in the Purchaser's account may vary based on the factors described above. Softbrite is not responsible for delays beyond its control and cannot guarantee a specific delivery date for any wire transfer.
If a wire transfer fails due to incorrect or incomplete banking information provided by the Purchaser, Softbrite will notify the Purchaser and request corrected details. The transfer will be re-initiated upon receipt of accurate information. Any fees charged by banks for failed, returned, or re-initiated transfers may be deducted from the disbursement amount. Softbrite is not responsible for funds that are misdirected, lost, or unrecoverable due to incorrect banking details provided by the Purchaser.
If the Purchaser's banking institution or country of residence imposes restrictions on receiving international wire transfers, foreign currency transactions, or payments from US-based entities, it is the Purchaser's responsibility to resolve those restrictions with their banking institution before providing banking details to Softbrite. Softbrite cannot modify its disbursement process to accommodate banking restrictions in specific jurisdictions.
Purchasers are solely and entirely responsible for all tax obligations, income reporting requirements, customs declarations, and regulatory compliance obligations arising from the receipt of resale proceeds in their jurisdiction. This includes but is not limited to income tax, capital gains tax, value-added tax, withholding tax, and any other tax or levy that may apply to the receipt of funds from the sale of digital products. Softbrite does not provide tax advice, does not calculate taxes on behalf of Purchasers, and does not withhold taxes from disbursements except where explicitly required by US federal law. Purchasers should consult a qualified tax professional in their jurisdiction.
The premium .com domain aftermarket is a well-established, global commercial market that has been operating for more than two decades. It is a real market with real transactions, real buyers, and real price discovery. Softbrite operates within this market and applies its professional resources and expertise to pursue the best possible outcome for every domain in the catalog.
The resale team works actively on every domain from the point of purchase. This includes ongoing marketing, continuous buyer engagement, responsive negotiation, and strategic adjustments based on market feedback. The team does not adopt a passive approach and does not simply list domains and wait. Active, sustained effort is applied to every name.
At the same time, individual transaction outcomes within any commercial market are influenced by external factors that no party can control or predict with certainty. In the domain aftermarket, these factors include the overall demand environment for premium .com domains at any given time, demand cycles within specific industry verticals (some sectors experience periods of intense acquisition activity followed by quieter periods), the timing and availability of qualified buyers for any specific domain, the competitive landscape for similar domains in the same category, broader economic conditions that affect corporate spending on digital assets, changes in technology or business trends that may increase or decrease demand for specific types of names, and the dynamics of individual negotiations, which involve human decision-making on both sides.
These factors mean that while the Softbrite resale team applies consistent, professional effort to every domain, the specific sale price achieved and the timeline to sale completion will vary from domain to domain. Some domains sell quickly in high-demand sectors. Others may take longer in sectors with slower buyer activity cycles. Some domains achieve prices at the top of their comparable range, while others close within the middle or lower portion of the range.
Transaction examples, sales figures, case studies, and market data referenced on the Softbrite website are drawn from the company's documented internal records and publicly reported aftermarket transactions. They are provided to illustrate how the market operates, the types of outcomes that have been achieved, and the general range of activity in the premium domain aftermarket. They represent historical data and market observations, not projections, promises, or guarantees of future results. Every domain and every transaction is unique, and past outcomes do not predetermine future results.
Purchasers acknowledge that any examples, opinions, projections, estimated timelines, informal discussions, sales conversations, statements regarding buyer demand or resale speed, or other communications made by representatives, agents, affiliates, marketers, support personnel, or other associated parties are provided for general informational purposes only and do not constitute guarantees, warranties, binding commitments, or assurances of future results. No representation regarding the likelihood of sale, speed of sale, buyer interest, resale value, or potential outcome shall be considered binding unless expressly stated in these Terms.
During the managed resale period, Softbrite maintains administrative control of the domain. This control is an operational requirement of the managed resale service and is necessary for the resale team to execute the marketing, positioning, and transfer activities described in these Terms.
Specifically, administrative control allows the resale team to configure and manage the domain's DNS settings to support landing pages and advertising campaigns, build, update, and maintain professional buyer-facing landing pages on the domain, integrate the domain with marketplace platforms and advertising systems, manage the technical domain transfer process when a sale is completed, and ensure the domain's technical configuration remains stable and functional throughout the resale period.
During the managed resale period, the Purchaser may not independently transfer the domain to another registrar, entity, or individual, sell, offer for sale, or negotiate the sale of the domain outside of the Softbrite managed resale service, modify the domain's DNS settings, nameservers, WHOIS information, or any other technical configuration, build a website, application, email service, or any other digital property on the domain, redirect the domain to another website or URL, or contact the domain registrar to request changes to the domain's status or settings.
Any unauthorized action taken by the Purchaser with respect to the domain during the managed resale period may interfere with active marketing campaigns, disrupt buyer communications or negotiations in progress, damage marketplace listings, or otherwise compromise the resale operation. Such actions may result in termination of the managed resale service for the affected domain, suspension or termination of the Purchaser's account, and forfeiture of any claim to resale proceeds for the affected domain.
When a sale is completed, the domain is transferred directly from Softbrite's administrative control to the end buyer. The transfer is executed using standard industry protocols and is managed entirely by the Softbrite team. The Purchaser does not need to take any action during the transfer process. Following the transfer, the Purchaser's connection to the domain is concluded, and the Purchaser's share of the proceeds is disbursed as described in these Terms.
You acknowledge that your purchase grants you a contractual right to resale proceeds as described in these Terms, and not direct ownership of the domain name itself. You understand that resale timelines vary significantly, potentially extending beyond 12 months or longer, including indefinitely, depending on buyer demand, market conditions, industry trends, and other external factors outside the control of Softbrite. You further acknowledge that while the Softbrite resale team applies active, sustained effort to every domain, no specific resale outcome, sale price, or timeline is guaranteed, and there is no assurance that any domain will sell. You confirm that you are making this purchase based on your own independent judgment, that you have reviewed the information available on the Softbrite platform, and that you are allocating funds you can sustain without reliance on a guaranteed or timely return.
By creating an account, you consent to receive electronic communications from Softbrite. These communications may include account registration confirmations, purchase receipts and payment confirmations, domain status updates and resale activity notifications, service announcements and platform updates, support correspondence and responses to your inquiries, changes to these Terms, the Disclaimer, the Privacy Policy, or the Cookie Policy, and marketing communications about new features, catalog updates, or educational content.
You agree that all electronic communications from Softbrite satisfy any legal requirement that such communications be made in writing. Electronic communications are considered delivered when sent to the email address associated with your account, regardless of whether the email is opened, read, or received, provided that Softbrite has no knowledge of a delivery failure.
You may opt out of marketing communications by following the unsubscribe instructions included in those emails or by contacting support@Softbrite.com. However, you may not opt out of transactional and service-related communications (such as purchase confirmations, disbursement notifications, and Terms updates) while your account is active, as these communications are necessary for the operation of the Service.
All notices from Softbrite to Purchasers will be sent to the email address associated with the Purchaser's account. Purchasers are responsible for monitoring this email address and for ensuring that it is current and functioning. Notices are considered delivered at the time they are sent by Softbrite.
Notices from Purchasers to Softbrite should be directed to support@Softbrite.com for general inquiries and support requests, or sent by mail to: Softbrite, El Paso, Texas, United States. For time-sensitive matters, email is strongly recommended.
You agree to use the Softbrite platform and Service exclusively for their intended purposes: browsing the domain catalog, purchasing premium .com domain names, managing your account and dashboard, and communicating with the Softbrite support team.
You specifically agree not to use the Service for any unlawful, fraudulent, or unauthorized purpose, or in any manner that violates applicable local, national, or international law. You agree not to attempt to gain unauthorized access to any part of the platform, any other user's account, or any system, server, or network associated with Softbrite. You agree not to use any automated tool, bot, spider, scraper, or other software to access, copy, monitor, or interact with the platform without written authorization from Softbrite.
You agree not to interfere with, disrupt, or impose an unreasonable burden on the platform, its infrastructure, or the experience of other users. You agree not to attempt to reverse-engineer, decompile, disassemble, or otherwise derive the source code or underlying algorithms of any part of the platform. You agree not to copy, reproduce, distribute, or repurpose any content from the Softbrite website, including catalog listings, domain descriptions, educational content, or proprietary frameworks, without written authorization.
You agree not to misrepresent your identity, location, or any other material fact during registration or at any point during your use of the Service. You agree not to attempt to contact end buyers directly or to circumvent the managed resale process in any way. You agree not to use the Service to facilitate money laundering, terrorist financing, sanctions evasion, or any other financial crime.
Violation of any of these acceptable use provisions may result in immediate suspension or termination of your account, termination of the managed resale service for any or all domains associated with your account, forfeiture of pending resale proceeds, and referral to appropriate law enforcement or regulatory authorities where applicable.
All content on the Softbrite website, including but not limited to text, written content, page designs, graphics, logos, icons, images, user interface elements, software, code, and data compilations, is the proprietary property of Softbrite or its licensors and is protected by applicable United States and international intellectual property laws, including copyright, trademark, and trade dress laws.
Softbrite's proprietary frameworks, methodologies, and branded concepts, including but not limited to the "Five Factors of Premium Domain Value," are the intellectual property of Softbrite. You may reference these frameworks in personal or editorial contexts with appropriate attribution to Softbrite, but you may not reproduce, adapt, or commercially exploit them without prior written authorization.
The domain names listed in the Softbrite catalog are digital products offered for sale. Purchasing a domain through the Service grants you the rights described in these Terms with respect to that domain, subject to the managed resale arrangement. It does not grant you any rights to Softbrite's trademarks, trade names, logos, branding elements, website content, or any other intellectual property of the company.
If you believe that any content on the Softbrite website infringes your intellectual property rights, please contact support@Softbrite.com with a detailed description of the alleged infringement, and we will review and address your concern in accordance with applicable law.
During the course of using the Service, you may receive or become aware of information about Softbrite's operations, business practices, marketing strategies, pricing methodologies, buyer communications, resale tactics, technology systems, catalog sourcing processes, or other business activities that are not publicly available. You agree to treat all such information as confidential and proprietary to Softbrite.
You agree not to disclose, share, publish, or distribute any confidential information obtained through your use of the Service to any third party, whether for personal, commercial, or any other purpose, without prior written authorization from Softbrite. This obligation survives the termination of your account and remains in effect indefinitely.
Softbrite likewise treats your personal information, purchase history, account activity, banking details, and transaction records as confidential, subject to the disclosures and exceptions described in our Privacy Policy. The Softbrite resale team does not disclose your identity to end buyers during the resale process. All buyer communications are conducted by the team on behalf of the domain, not on behalf of the Purchaser personally.
The confidentiality obligations in this section do not apply to information that is or becomes publicly available through no fault of the receiving party, is independently developed by the receiving party without reference to confidential information, is lawfully obtained from a third party without a confidentiality obligation, or is required to be disclosed by law, court order, or governmental regulation, provided that the disclosing party gives reasonable notice to allow the other party to seek protective measures where possible.
Softbrite shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from circumstances beyond its reasonable control. Such circumstances include, but are not limited to, natural disasters (earthquakes, floods, hurricanes, wildfires), epidemics, pandemics, or public health emergencies, acts of war, terrorism, civil unrest, or armed conflict, government actions, sanctions, embargoes, or regulatory changes, internet outages, telecommunications failures, or infrastructure disruptions, cyberattacks, data breaches, or system compromises affecting the platform or its service providers, failures or disruptions of third-party services, including payment processors, banking institutions, affiliate payment partners, marketplace platforms, or hosting providers, power outages or utility failures, labor disputes, strikes, or workforce disruptions, and any other event or circumstance that is beyond the reasonable control of Softbrite and that prevents or materially impairs the company's ability to perform its obligations.
In the event of a force majeure occurrence, Softbrite's obligations under these Terms will be suspended for the duration of the event. The company will make reasonable efforts to mitigate the impact of the event, resume normal operations as soon as practicable, and communicate with affected Purchasers regarding the status of their domains and any impact on the managed resale service. Force majeure events do not relieve Purchasers of their obligations under these Terms, including payment obligations for completed purchases.
Softbrite provides its managed resale service with professional diligence, good faith, and genuine commitment to pursuing strong outcomes for every domain in the catalog. The company applies its expertise, resources, market access, and operational infrastructure to this end.
However, the Service operates within a commercial market environment where certain outcomes are influenced by factors beyond the control of Softbrite or any individual or entity associated with the company. To the fullest extent permitted by applicable law, the following limitations apply:
Softbrite, its directors, officers, managers, employees, associates, contractors, agents, affiliates, subsidiaries, parent companies, and authorized payment partners (collectively, "Softbrite Parties") shall not be held personally or collectively liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to the use of the Service. This includes, but is not limited to, damages for lost profits, lost revenue, lost business opportunities, loss of data, loss of goodwill, business interruption, or any other intangible or economic loss, even if Softbrite has been advised of the possibility of such damages.
The Softbrite Parties shall not be liable for damages arising from market conditions, industry demand fluctuations, buyer behavior or availability, economic downturns, currency fluctuations, regulatory changes, or any other external factor affecting the domain aftermarket or the value of any specific domain.
The Softbrite Parties shall not be liable for damages arising from the actions, omissions, delays, or failures of third-party service providers, including payment processors, affiliate payment partners, banking institutions, marketplace platforms, advertising networks, hosting providers, or registrars.
The Softbrite Parties shall not be liable for damages arising from unauthorized access to the Purchaser's account due to the Purchaser's failure to maintain adequate account security, errors in banking information provided by the Purchaser resulting in misdirected or unrecoverable wire transfers, the Purchaser's failure to comply with tax obligations in their jurisdiction, the Purchaser's violation of these Terms, or the Purchaser's interference with the managed resale process.
The total aggregate liability of Softbrite for any and all claims arising from or related to the Service, whether based on contract, tort, negligence, strict liability, statutory liability, or any other legal theory, shall not exceed the purchase price paid by the Purchaser for the specific domain giving rise to the claim. This cap on liability applies regardless of the number of claims, the form of action, or the theory of liability.
Some jurisdictions do not allow the exclusion or limitation of certain types of damages or liabilities. In such jurisdictions, the liability of Softbrite shall be limited to the maximum extent permitted by applicable law. Nothing in these Terms is intended to exclude or limit any liability that cannot be lawfully excluded or limited.
You agree to indemnify, defend, and hold harmless Softbrite and its directors, officers, managers, employees, associates, contractors, agents, affiliates, subsidiaries, parent companies, and authorized payment partners from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and legal costs) arising from or related to your use of the Service or any activity conducted through your account, any breach or violation of these Terms by you, any misrepresentation, inaccuracy, or omission in information you provide to Softbrite, any violation of applicable law, regulation, or third-party rights by you, any dispute between you and a third party (including banking institutions, tax authorities, or regulatory bodies) related to your participation in the Service, and any unauthorized action taken with respect to a domain during the managed resale period.
This indemnification obligation survives the termination of your account and these Terms. Softbrite reserves the right to assume exclusive control of the defense and resolution of any matter subject to indemnification by you, in which case you agree to cooperate fully with Softbrite in the defense of such matter.
Softbrite values its relationship with every Purchaser and prefers to resolve any concerns, complaints, or disputes through direct communication. If you have a concern about any aspect of the Service, we encourage you to contact support@Softbrite.com, and our team will work in good faith to address your issue.
If a dispute cannot be resolved through direct communication within thirty (30) days of written notice from either party, the dispute shall be resolved through binding arbitration. Arbitration shall be administered in accordance with the rules and procedures of the American Arbitration Association (AAA) in effect at the time of the dispute. The arbitration shall be conducted in El Paso, Texas, before a single arbitrator selected in accordance with AAA procedures.
The arbitrator shall have the authority to award any remedy that would be available in a court of competent jurisdiction, subject to the limitations set forth in these Terms. The decision of the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction. The costs of arbitration shall be allocated between the parties in accordance with AAA rules, except that each party shall bear its own attorneys' fees unless the arbitrator determines that an award of attorneys' fees is appropriate under applicable law.
You agree that any dispute resolution proceedings, whether in arbitration or in court, will be conducted on an individual basis only. You waive any right to participate in or bring a class action, class arbitration, consolidated action, or representative action against Softbrite. This class action waiver is a material part of these Terms and is not severable from the arbitration agreement. If this class action waiver is found to be unenforceable, the entire arbitration provision shall be void and the dispute shall be resolved in court in accordance with the governing law and jurisdiction provisions of these Terms.
Notwithstanding the arbitration requirement, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm while arbitration proceedings are pending. Such proceedings shall not be deemed a waiver of the right to arbitrate.
Any claim or cause of action arising from or related to the Service must be filed within one (1) year after the claim or cause of action arose. Claims filed after this period are permanently barred.
These Terms and all matters arising from or related to the Service are governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.
For any legal proceedings not subject to the arbitration requirement, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in El Paso County, Texas, and you waive any objection based on forum non conveniens or any other basis. You agree that any judgment rendered by such courts may be enforced in any jurisdiction where you reside or have assets.
Softbrite reserves the right to suspend or permanently terminate any user account at its sole discretion, with or without prior notice, for any reason, including but not limited to violation of any provision of these Terms, suspected or confirmed fraudulent activity, provision of false, misleading, or incomplete information during registration or at any time during use of the Service, suspected money laundering, sanctions violations, or other financial crime, conduct that interferes with the operation of the platform or the resale process, conduct that damages or threatens the reputation of Softbrite, chargeback fraud or unauthorized payment disputes, repeated or egregious violations of the acceptable use provisions, and requests from law enforcement or regulatory authorities.
Upon termination, the Purchaser's access to the platform, dashboard, and all account features will be immediately revoked. The Purchaser will no longer be able to view domain status, access account information, or communicate through the platform.
If the Purchaser has domains currently in the managed resale pipeline at the time of termination, the following applies: if the termination resulted from a minor or unintentional breach that does not involve fraud, financial crime, or deliberate interference with the resale process, Softbrite may, at its discretion, continue to market the domains and will disburse proceeds from any subsequent sales according to the standard 72/28 split. If the termination resulted from a material breach, fraud, financial crime, deliberate interference, chargeback fraud, or any action that causes or threatens material harm to Softbrite, the company reserves the right to terminate the managed resale service for all domains associated with the account and to retain any pending domains and proceeds as necessary to offset damages, fees, and costs incurred as a result of the breach.
Softbrite is under no obligation to return unsold domains to the control of a terminated Purchaser. The disposition of unsold domains following account termination shall be determined by Softbrite at its sole discretion based on the circumstances of the termination.
Termination of your account does not relieve you of any obligations incurred prior to termination, including payment obligations, indemnification obligations, and confidentiality obligations. Sections of these Terms that by their nature should survive termination will remain in effect.
Purchasers may buy multiple domains from the Softbrite catalog across different industries and price points. Each domain purchased is managed independently by the resale team, with its own landing page, advertising campaign, marketplace listing, and negotiation process.
Softbrite encourages Purchasers to consider portfolio diversification across multiple industries when making purchasing decisions. Purchasing domains in different sectors broadens exposure to buyer demand from multiple markets and helps manage the natural variability in transaction timelines that exists in any commercial market. This is a recommendation based on the company's experience and observations, not a requirement or a guarantee of any particular outcome.
Discounts, bulk pricing, or promotional pricing on multiple domain purchases may be offered from time to time at Softbrite's discretion. Any such offers will be communicated directly to eligible Purchasers and are subject to specific terms that will be provided at the time of the offer.
If a Purchaser's account shows no login activity, no communication with the Softbrite team, and no response to account verification requests for a period of twelve (12) consecutive months, Softbrite may classify the account as inactive. Before taking any action on an inactive account, Softbrite will make reasonable efforts to contact the Purchaser at the email address on file, including at least two (2) notification emails sent at least thirty (30) days apart.
If the Purchaser does not respond to inactivity notifications within sixty (60) days of the first notification, Softbrite reserves the right to suspend the account until the Purchaser re-establishes contact, continue marketing any domains in the resale pipeline, and hold any undisbursed proceeds pending the Purchaser's re-establishment of contact and verification of their identity and banking details.
Softbrite will not terminate accounts or forfeit proceeds solely due to inactivity without first making the notification efforts described above.
Softbrite strives to maintain continuous availability of the website and platform. However, the company does not guarantee uninterrupted, error-free, or completely secure access to the Service at all times. The platform may experience temporary downtime due to scheduled maintenance, software updates, or system improvements, unscheduled outages caused by technical issues, infrastructure failures, or third-party service disruptions, and security incidents or threats requiring emergency action.
Softbrite will make reasonable efforts to minimize downtime and to notify registered users of scheduled maintenance in advance when possible. However, the company is not liable for any losses, damages, or inconvenience arising from temporary unavailability of the platform or any of its features.
The managed resale service, including advertising campaigns, marketplace listings, and buyer communications, operates independently of the user-facing website and dashboard. Temporary website downtime does not necessarily affect the resale team's ongoing marketing and negotiation activities on behalf of Purchasers.
Softbrite may invite Purchasers to provide feedback, testimonials, reviews, or other content related to their experience with the Service. Any feedback, reviews, or content you voluntarily provide to Softbrite may be used by the company for marketing, promotional, and educational purposes, including display on the Softbrite website, social media channels, and marketing materials.
By providing feedback or content, you grant Softbrite a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, display, and distribute that content in any format or medium. You represent that any content you provide is truthful, based on your genuine experience, and does not infringe the intellectual property or privacy rights of any third party.
Softbrite reserves the right to edit feedback for length, clarity, or formatting, or to decline to publish feedback that it determines to be misleading, inappropriate, or inconsistent with the company's standards. The company is under no obligation to publish or display any feedback or user content.
Softbrite operates in compliance with applicable US federal and state laws and regulations. The company takes its compliance obligations seriously and cooperates with law enforcement and regulatory authorities when required by law.
Purchasers are responsible for their own compliance with all applicable laws and regulations in their jurisdiction, including but not limited to laws governing the purchase of digital products, the receipt of international wire transfers, foreign exchange controls, anti-money laundering (AML) requirements, tax reporting and payment obligations, and data protection regulations. Softbrite does not provide legal advice and cannot assess or guarantee the compliance status of any Purchaser in any jurisdiction.
If Softbrite has reasonable grounds to believe that a Purchaser's activity on the platform involves or may involve illegal activity, money laundering, sanctions violations, fraud, or any other regulatory concern, the company reserves the right to suspend the Purchaser's account, delay or withhold disbursements pending investigation, report the activity to relevant authorities as required or permitted by law, and terminate the Purchaser's account and the managed resale service.
You may not assign, transfer, delegate, or sublicense any of your rights, obligations, or interests under these Terms to any third party without prior written consent from Softbrite. Any attempted assignment or transfer without consent is void and of no effect.
Softbrite may assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, to any affiliate, subsidiary, successor, or acquirer of the company or its assets, without prior notice to or consent from Purchasers. In the event of such assignment, the assignee will assume all of Softbrite's obligations under these Terms with respect to active Purchasers and domains in the resale pipeline.
The failure of Softbrite to exercise or enforce any right or provision of these Terms at any time shall not constitute a waiver of that right or provision, nor shall it affect the company's right to exercise or enforce that right or provision in the future. Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of Softbrite to be effective.
No course of dealing, custom, or practice between Softbrite and any Purchaser shall constitute a waiver of the company's right to require strict compliance with these Terms.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent to the greatest extent possible. If modification is not possible, the provision shall be deemed severed from these Terms.
These Terms are exclusively between you and Softbrite. There are no third-party beneficiaries to these Terms. No third party, including any end buyer, marketplace platform, affiliate payment partner, or any other entity, has any right to enforce any provision of these Terms. Nothing in these Terms creates any obligation or liability of Softbrite to any person or entity other than the Purchaser.
The relationship between Softbrite and the Purchaser is that of an independent service provider and client. Nothing in these Terms creates or is intended to create a partnership, joint venture, employer-employee relationship, franchisor-franchisee relationship, agency relationship, or fiduciary relationship between the parties. Neither party has the authority to bind the other or to make representations, warranties, or commitments on behalf of the other.
Softbrite's resale team members act as agents of Softbrite, not as agents, fiduciaries, or representatives of the Purchaser. While the team works on behalf of the Purchaser's interest in selling the domain, the team's primary obligation is to Softbrite, and all decisions regarding marketing strategy, negotiation approach, and pricing are made at the team's professional discretion.
The following provisions of these Terms shall survive the termination of your account or the expiration of these Terms: Fee Structure (Section 7), Resale Proceeds and Disbursement (Section 8), Market Dynamics and Resale Outcomes (Section 9), Limitation of Liability (Section 17), Indemnification (Section 18), Dispute Resolution and Arbitration (Section 19), Governing Law and Jurisdiction (Section 20), Confidentiality (Section 15), Intellectual Property (Section 14), Regulatory Compliance (Section 26), and any other provisions that by their nature or express terms are intended to survive termination.
By using the Service and making a purchase, you represent and warrant that all information you provide to Softbrite during registration and throughout your use of the Service is accurate, truthful, current, and complete. You have the full legal authority and capacity to enter into these Terms and to perform your obligations under them. If you are acting on behalf of a business entity, you have the authority to bind that entity to these Terms.
The funds you use for domain purchases are lawfully obtained and are not derived from any illegal activity, including but not limited to fraud, theft, money laundering, terrorist financing, drug trafficking, human trafficking, corruption, bribery, tax evasion, or sanctions violations. You are in full compliance with all applicable anti-money laundering laws and know-your-customer regulations in your jurisdiction.
You are not located in, and are not a citizen or resident of, any country or territory that is subject to comprehensive trade sanctions administered by the United States, the European Union, or the United Nations. You are not listed on any government restricted party list, including the US OFAC Specially Designated Nationals List.
You understand the nature of the Service and the premium domain aftermarket as described in these Terms, the Disclaimer, and throughout the Softbrite website. You are making your purchase based on your own independent judgment and due diligence, not in reliance on any representation, promise, or statement by Softbrite beyond what is expressly stated in these Terms and the Disclaimer.
Softbrite may from time to time offer promotional pricing, special offers, referral programs, loyalty incentives, or other promotional activities. The terms, conditions, eligibility requirements, duration, and availability of any such program will be communicated directly to eligible participants and may be subject to additional terms and conditions separate from these Terms.
Softbrite reserves the right to modify, suspend, or discontinue any promotional program at any time and for any reason, with or without notice. The company is not obligated to offer any promotion or to extend any promotional terms beyond the stated duration of the program.
Promotional offers cannot be combined with other promotions unless explicitly stated. Promotional pricing, credits, or benefits are non-transferable and have no cash value except as expressly stated in the promotion's terms.
Once a domain is purchased and enters the managed resale pipeline, the domain itself (the .com name) cannot be exchanged, substituted, or replaced with a different domain. Each purchase is for the specific domain selected and confirmed by the Purchaser at the time of transaction.
If the Purchaser believes they have purchased a domain in error (for example, due to a technical glitch or an unintended click), they should contact support@Softbrite.com immediately. Softbrite will review the circumstances at its discretion, but is not obligated to reverse any transaction, particularly if the resale team has already initiated work on the domain.
Softbrite reserves the right to make minor administrative changes to domains in the catalog or in the resale pipeline, such as updating registrar records, adjusting DNS configurations for marketing purposes, or correcting technical issues. Such changes are operational in nature and do not affect the Purchaser's interest in the domain or the terms of the managed resale arrangement.
These Terms, together with the Disclaimer, Privacy Policy, and Cookie Policy, constitute the entire agreement between you and Softbrite regarding the use of the Service. They supersede all prior agreements, representations, negotiations, and understandings, whether written, oral, or implied, between the parties relating to the subject matter of these Terms.
No statement, representation, promise, or inducement made by any employee, agent, or representative of Softbrite that is not contained in these Terms shall be binding on the company or create any obligation or liability on the part of the company.
Softbrite reserves the right to modify, update, or replace these Terms at any time. Updated Terms will be posted on this page with a revised effective date. Material changes, including changes to the fee structure, payment terms, or liability provisions, will be communicated to registered users via email at least fifteen (15) days before the changes take effect.
Your continued use of the Service after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree with the revised Terms, you should discontinue your use of the Service. Purchases made prior to the effective date of revised Terms will be governed by the Terms in effect at the time of purchase, except where the revised Terms explicitly state otherwise.
For questions about these Terms of Service, please contact:
Email: support@Softbrite.com
Softbrite is headquartered in El Paso, Texas, United States.