Terms of service use (terms)
Last updated: October 19, 2017
Please, read these terms of service ("Terms", "Terms of Service") carefully before using the website http://www.bybrand.io (the "service") operated by BS DE CASTRO INFORMÁTICA registered on CNPJ at nº 13.076.798/0001-05 ("we", "us" or "our"), based in Brazil.
Access and use of the service are conditioned upon your acceptance and accordance with these terms. These terms apply to all the visitors, users, and others who access or use the service.
By accessing or using the service, you agree to be bound by these terms. If you do not agree to any part of the terms then you may not access the service.
When you create an account with us, you must provide us information which is accurate, complete and current at all times. Failure to do so constitutes a breach of the terms, which may result in immediate termination of your account on our service.
You are responsible for safeguarding the password which you use to access the service and for any activities or actions under your password, whether your password is with our service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately of any security breach or unauthorized use of your account that you become aware of.
You must not use as a username the name of another person or entity, a username which is not lawfully available for use, a name or trademark which is subject to any rights of another person or entity other than you without appropriate authorization, or a name which is otherwise offensive, vulgar and obscene.
The service and its original content, features and functionality are and will remain the exclusive property of BS DE CASTRO INFORMÁTICA and its licensors. The service is protected by copyright. Our brands and trademarks may not be used in connection with any product or service without the prior written consent of BS DE CASTRO INFORMÁTICA.
Links to Other websites
Our service may contain links to third-party websites or services which are not owned or controlled by BS DE CASTRO INFORMÁTICA.
BS DE CASTRO INFORMÁTICA has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites or services. Also, you further acknowledge and agree that BS DE CASTRO INFORMÁTICA shall not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and the privacy policies of any third-party websites or services that you visit.
We may terminate or suspend access to our service immediately without prior notice consent or liability for any reason whatsoever, including without limitation if you breach the terms.
All provisions of the terms which, by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately without prior notice or liability for any reason whatsoever, including without limitation if you breach the terms or if we suspect that:
- You have been involved in fraudulent activities in connection with the Service;
- You have used the Service in infringement of the CAN-SPAM Act;
- Your use is considered excessive (in other words, your bandwidth use, data storage or number of times the Service is requested to display content).
By subscribing for a Bybrand plan, you authorize us to charge by your credit card. Monthly, annual and other periodic or renewal fee will be charged at the current fee, plus the applicable tax.
The values of the plans may be found on the page of the service:
All fees are charged in American dollar (USD).
The fees may vary according to the exchange rates. Customers may also be charged by additional credit cards fees to currency conversion in no-American currency to the American currency (USD).
Registration fee will be charged at the beginning of the registration period. Your Bybrand subscription will remain in effect until or unless you cancel your subscription or your subscription is otherwise terminated or suspended.
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
You may totally exclude your account any time, and everything related to it on your own, direct by the application, without necessity of any sort of communication with Bybrand, without fee or penalty.
If financial transactions occur, such as Bybrand contracting plans, your transactions and information will always be in our records, for security reasons, it is not possible to totally delete them.
You may cancel your Bybrand subscription at any time. All created email subscriptions will be inactive after the date of expiration of the plan you choose. It is possible to cancel the subscription without a third party as an intermediate, and you will not be charged in the renewal.
If you choose to cancel and receive refund under the current plan, your subscriptions will cease immediately.
We issue refunds for Bybrand products in full within 30 days of purchase. ("Warranty Period").
Shortly after the period, it is possible to cancel Bybrand, at any time, and receive a partial refund related to the remaining months until the end of the plan.
Limitation of Liability
In no event shall BS DE CASTRO INFORMÁTICA, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, INCIDENTAL, special, consequential, or punitive damages, including without limitation, loss of profit, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the service is at your sole risk. The service is provided on an "As is" and "As available" basis. The service is provided without any warranties of any kind, whether express or implied, including, but not limited to, IMPLIED warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
BS DE CASTRO INFORMÁTICA its subsidiaries, affiliates, and its licensors do not warrant that a) the service will function uninterrupted, secure or available at any particular time or location; b) any erros or defects will be corrected; c) the service is free of viruses or other harmful components; or d) the results of using the service will meet your requirements.
These terms shall be governed and construed in accordance with the laws of Brazil, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect. These terms constitute the entire agreement between us regarding our service, and supersede and replace any prior agreements we might have between us regarding the service.
We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the service.
If you have any questions about these terms, please contact us.