Last updated September 1st, 2021
In order to use the Service, you must:
These Terms apply from when you sign up for the Service. Clicking the ‘Get started’ or ‘Sign up with Google’ button on the Sign up page means that you’ve officially “signed” the Terms and a binding contract will come into existence on the basis of the Terms (“Agreement”). If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
You or we may terminate this Agreement at any time and for any reason by giving notice in writing (including email) to the other party. You need to clear the unpaid invoices (if any exists) before terminating this Agreement. Once terminated, we may permanently delete your account and all the data associated with it, including your Content from our Website.
You’re responsible for keeping your account name and password confidential. You’re also responsible for any use of your account, whether or not you authorized the use. You must immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
We may make certain Services available to you free of charge, up to certain limits as described on the Website (“Free Services”). Usage of the Services in excess of those limits requires a payment. We may terminate your access to the Free Services at any time without prior notice and will have no liability in respect of such termination. Without limiting the scope of clause 15, Free Services are provided without any warranty.
As long as you’re a paid user or have an outstanding balance with us, you will provide us with valid credit card information and authorize us to deduct the monthly invoice charges against that credit card (considering you have used beyond our free usage limit). We do not save card information that you provided, rather we use Stripe. You must replace the information for any credit card that expires with information for a different valid credit card. You can add multiple credit cards in our service, but only the card that you mark as Primary will be used to charge you for using paid services.
You won’t be entitled to a refund from us. As a postpaid service, it’s invalid. But if your invoice has inappropriate information due to any software bug or any other reason, we will refund the extra amount we charged within 14 working days after the discovery. You need to let us know about the extra amount charged from you.
Either you or we may terminate this Agreement upon written notice to the other party of a material breach, or if the other party becomes the subject of a petition in insolvency proceedings, bankruptcy, receivership, liquidation or assignment for the benefit of its creditors.
You promise to follow these rules:
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a falcon user, we want to hear about it. If you think anyone has posted material that violates any copyrights, then you may notify us.
You shall defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Service (or us taking any action in relation to the Service at your direction), including any claim or action from a recipient of any Content sent by means of the Service.
Our responsibility for loss or damage if you are a business
Except as expressly and specifically provided in these Terms:
Nothing in these Terms excludes our liability:
Subject to section 15.3 above: We shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any:
Our responsibility for loss or damage if you are a consumer
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, changes to law or regulations, embargoes, fires, earthquakes, floods, strikes, power blackouts, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Data processing term
To the extent that you are a business and we process personal data on your behalf in providing the Services, the Data processing terms shall apply and are incorporated into these Terms.
Subject to the limited rights expressly granted in these Terms, we reserve all our rights in and to the Services, including all of our related intellectual property rights (including patents, trademarks, trade secrets, and copyrights). No rights are granted to you under these Terms other than as expressly set forth in these Terms. You will respect our proprietary rights. “falcon” and the “falcon” logo are trademarks belonging to ThemeWagon, Inc. You are not authorized by us to use our trademarks or brand assets without prior permission.
You represent and warrant that you either own or have permission to use all of your Content. You retain ownership of your Content. By using the Service you grant us and our agents and subcontractors a license to use your Content in order for us to provide, and ensure proper operation of the Service. You acknowledge and agree that we will have the right to use your Content in an anonymized way (which does not identify you or the recipient) for the purposes of increasing our spam identification techniques.
Even if we delay in enforcing these terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking them, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.
Any of these terms that expressly or by implication is intended to continue or come into force on or after termination of this Agreement shall continue in full force and effect. Without limitation, clauses 14 Indemnity, 15 Our responsibility for loss or damage Suffered by you if you are a business, 16 Our responsibility for loss or damage suffered by you if you are a consumer, 18 Data processing terms, 28 Third party rights,29 If you are a business – governing law and jurisdiction, and 30 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer shall continue in full force and effect notwithstanding the termination of this Agreement.
Nothing in these Terms is intended to or shall operate to create a partnership between the parties, or authorize either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
These Terms do not confer any rights on any person or party other than you and us.
These Terms are governed by USA law and you can bring legal proceedings in respect of the products in the USA courts. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including this clause 30, affects your rights as a consumer to rely on such mandatory provisions of local law.
Thank you for taking the time to read these Terms.
Our mission here at B.R.A.D. Software is to create the easiest user exprience for you to run your business. From small to large businesses we do it all, for any and every company out there. Our goal is to have your business succeed and grow, without all the hassle that comes along with it.
2022 © B.R.A.D. Software, LLC | We Your Business