BY SELECTING “I ACCEPT”, “I AGREE”, “OK”, “CONTINUE”, “YES” OR BY INSTALLING OR USING THE SOFTWARE IN ANY WAY, YOU ARE INDICATING YOUR COMPLETE UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT.
By using the salesbrain.co web site (“Service” or “Software” owned by Sales Brain Holdings LLC) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
We reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Software after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://salesbrain.co/ terms-of-service/
Violation of any of the terms below will result in the termination of your Account. You agree to use the Software at your own risk.
You must be 13 years or older to use this Software. If you are less than 18 years of age, you cannot use the Sales Brain Product without the consent of your parent or guardian, who agrees, on your behalf, that you will comply with the Terms of Service.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person – a single login shared by multiple people is not permitted.
You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
One person or legal entity may not maintain more than one account.
You may not use the Software for any illegal or unauthorized purpose. You must not, in the use of the Software, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading Terms
A valid credit card is required for paying bills posted.
The Software is billed on a bi-weekly basis and is non-refundable. There will be no refunds or credits. In order to treat everyone equally, no exceptions will be made. We reserve the right to automatically charge your card for bills posted. If a bill is not paid within 48 hours of being posted on your account, we reserve the right to cancel your membership. Not paying your bill within 48 hours may also cause the loss of Content, features, or capacity of your Account. We do not accept any liability for such loss.
Cancellation and Termination
You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on provided cancellation link within your account.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
Sales Brain, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Software, or any other Sales Brain service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Sales Brain reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
Sales Brain reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Software, are subject to change. Such notice may be provided at any time by posting the changes to the Sales Brain (salesbrain.co) or the Software itself.
Sales Brain shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SERVICES AND ACCOUNTS
To be able to use the Sales Brain Product and additional Modules or Services (the “Product”, “Sales Brain products and services”, “Sales Brain”), to request technical support for those applications and participating in blogs and forums that we provide, You must create an Account on the Sales Brain Site by submitting certain requested information, which may include individual and/or company name, date of birth, e-mail address, physical address, credit card and other payment information. Registration requires a valid e-mail address and payment information for subscription services and other notices.
The Sales Brain Account is necessary for activation of the Product. You need to use your login credentials – username and password – to login into our application and avail the services. However, we will never ask for your password and we will not use your credentials without your permission. Sales Brain does not share your credentials with third-parties.
You warrant that you are the legal owner of the device and you have all the legal rights to create your account.
You must accept and allow any permissions required by the supported Social Media Platforms to use the Sales Brain Product.
You are responsible for maintaining the security of all your Social Media accounts and passwords. Sales Brain cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs using the Sales Brain Product.
You are responsible for any hardware or software required to use Sales Brain Product.
Please acknowledge that installing on your device the Sales Brain Product, connecting your Social Media accounts to Sales Brain, and taking into consideration the security policies and rules selected by you, You may experience malfunction in the posting or sharing of your content on the supported Social Media Networks: in some cases your account may be banned by the Social Networks, your content may be posted on different hours, pages or groups than those selected, some posts may be lost. Sales Brain shall not be held responsible for any damages resulting from your failure to comply with the Social Networks’ terms and services or from any activity that occurs after using the Sales Brain Product. Sales Brain shall not be held responsible for the Sales Brain Product malfunction due to Social Networking websites changes or synchronization issues. Sales Brain will make the necessary updates for the Sales Brain Product to function properly and will assure synchronization with due diligence for all the supported Social Media Networks.
The Sales Brain Product was created for convenience of promoting your product, brand or service via Social Media Networking Sites supported by Sales Brain. We do not encourage spamming or violation of any of these Social Network user’s rights or rules set by the networks.
Sales Brain is not affiliated with any Social Networking site or any other third party sites in any way.
The Sales Brain Product may allow you to search for specific groups, to join the selected groups and share content with other members of the groups. Sales Brain shall not be held responsible for the content you share on these groups and for the activity that occurs after using the Sales Brain Product. You may not use the services to gain unauthorized access, to upload, transmit, and transfer data or information to Sales Brain or third parties by any means. You agree that your use of these services will be in compliance with any laws which are applicable to you.
User behavior such as liking, following or commenting on your posts or your social accounts cannot be predicted and therefore cannot be controlled. The actual number of likes or followers you get solely depends on the quality of the content you share.
This License Agreement is a legal agreement between You (either an individual or a legal person) and Sales Brain for use of Sales Brain’s software product identified above, which includes software and services for your device, and may include associated media, printed materials, and “online” or electronic documentation (hereafter designated as “Sales Brain Product”), all of which are protected by international copyright laws and international treaties. By installing, copying or using the Sales Brain Product, you agree to be bound by the terms of this Agreement.
GRANT OF LICENSE
Sales Brain Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Sales Brain Product is licensed, not sold. This agreement only gives You some rights to use Sales Brain Product. Sales Brain reserves all other rights. Unless applicable law gives you more rights despite this limitation, You may use the Sales Brain Product only as expressly permitted in this Agreement.
All rights, titles and interest in and to Sales Brain and all copyright rights in and to Sales Brain (including but not limited to any code, images, photographs, logos, animations, video, audio, music, text, and “applets” incorporated into Sales Brain), the accompanying printed materials, and any copies of Sales Brain are owned by Sales Brain, with the understanding that rights, titles and interest in and to certain third party software identified in the accompanying Third-Party License Terms are owned by their respective owners. Sales Brain is protected by copyright laws and international treaty provisions. Therefore, you must treat Sales Brain like any other copyrighted material. You may not copy the printed materials accompanying Sales Brain. You must produce and include all copyright notices in their original form for all copies created irrespective of the media or form in which Sales brain exists. You may not sub-license, rent, sell, lease or share the Sales Brain license. You may not reverse engineer, recompile, disassemble, create derivative works, modify, translate, or make any attempt to discover the source code for Sales Brain, except as and only to the extent explicitly permitted by the licensing terms, identified in the accompanying Third-Party License Terms, governing use of the third party software.
Certain technical support features may be offered by Sales Brain for the license term of the Sales Brain Product and may include live chat with a technical support consultant and/or assistance from a technical support consultant via remote access. If such features are offered and You choose to access such Technical Support it shall be governed by the following conditions: Any such Technical Support shall be provided in Sales Brain’s sole discretion without any guarantee or warranty of any kind. It is solely Your responsibility to complete a backup of all Your existing data, software, and programs before receiving any Technical Support. In the course of providing the Technical Support, Sales Brain may determine that the technical issue is beyond the scope of the Technical Support. Sales Brain reserves the right to refuse, suspend or terminate any of the Technical Support in its sole discretion.
DISCLAIMER OF DAMAGES
Anyone using, testing, or evaluating Sales Brain bears all risk to the quality and performance of Sales Brain. In no event shall Sales Brain be liable for any damages of any kind, including, without limitation, direct or indirect damages arising out of the use, performance, or delivery of Sales Brain, even if Sales Brain has been advised of the existence or possibility of such damages.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CASE SHALL Sales Brain’s LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR Sales Brain. The disclaimers and limitations set forth above will apply regardless of whether you accept to use, evaluate, or test Sales Brain.
We strongly recommend that You back up Your data frequently. You shall at all times be under a duty to mitigate Your loss.
IMPORTANT NOTICE TO USERS. THIS SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THIS SOFTWARE IS NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE.
CONSENT TO ELECTRONIC COMMUNICATIONS
Sales Brain may send you legal notices and other communications about the Software and Maintenance subscription services or our use of the information you provide us (“Communications”). Sales Brain will send Communications via in-product notices or via email to the primary user’s registered email address, or will post Communications on its Sites. By accepting this Agreement, you consent to receive all Communications through these electronic means only and acknowledge and demonstrate that you can access Communications on Sites.
This Agreement will be governed by the laws of Massachusetts, United States. The exclusive jurisdiction and venue to adjudicate any dispute arising out of these License Terms shall be of the courts of Massachusetts. Nothing in this License Agreement will diminish any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction that may not be waived by contract.
Your use of the Software is at your sole risk. The Software is provided on an “as is” and “as available” basis.
Technical support is only provided to paying account holders and is only available via support form.
You understand that Sales Brain uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Software.
You must not modify, adapt or hack the Software or modify another website so as to falsely imply that it is associated with the Software, Sales Brain, or any other Sales Brain service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Software, use of the Software, or access to the Software without the express written permission by Sales Brain.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Sales Brain customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Software, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Sales Brain does not warrant that (i) the Software will meet your specific requirements, (ii) the Software will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Software will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Software will meet your expectations, and (v) any errors in the Software will be corrected.
You expressly understand and agree that Sales Brain shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sales Brain has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Software; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Software; (v) or any other matter relating to the Software.
The failure of Sales Brain to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Sales Brain and govern your use of the Software, superseding any prior agreements between you and Sales Brain (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent via email to firstname.lastname@example.org
You will NOT use Sales Brain for any spam, botting and harassment.
Sales Brain will not perform any spam, botting and harassment. All requests to perform any actions like this may result in blocking your account.
We do NOT give support to anyone who wants to use our Software to perform any kind of spam or commit other crimes.
It is your sole responsibility to comply with each social platform’s rules and any legislation that you are subject to. You use Sales Brain at your own risk.
We are not responsible for your actions and their consequences. We are not to blame if your accounts are banned for any reason.
You agree that upon purchasing our Software, that you clearly understand and agree what you are purchasing and will not file a fraudulent dispute via PayPal or perform a chargeback.
We reserve the right to modify, suspend or withdraw the whole or any part of our service or any of its content at any time without notice and without incurring any liability.
It is your sole responsibility to check whether the Terms have changed.
Sales Brain Holdings LLC www.Salesbrain.co