These terms and conditions ("Terms") govern the access to and use of the website and offer of products and services belonging to FeedbackBrain or any successor company of its interest and/or assets ("FeedbackBrain"), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the product and services (both defined below) made available to users ("You" or "User/s") at https://www.feedbackbrain.com ("Website").
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
FeedbackBrain is a service for third party Amazon Sellers to automatically setup and schedule and send out follow-up emails to customers who place orders through the Amazon marketplace. A user may customize the mail and filter out who the mail may be sent to in terms of order numbers, product names, customers etc. The purpose of this service is to pro-actively build an automatic customer service and relationship management system.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Under no circumstances, including but not limited to negligence, will FeedbackBrain be liable to you or any other person or entity for any direct, indirect, incidental, punitive, special or consequential damages including lost profits, loss of materials, loss of content, loss of goodwill, costs of procuring substitute goods and services, and property damage, that result from (a) the use of, or the inability to use, the FeedbackBrain website, or (b) the conduct or actions, of any user of the FeedbackBrain website or any other person or entity, even if we have been advised of the possibility of such damages. In the event FeedbackBrain is found liable, FeedbackBrain total liability to you for all damages, losses and causes of action whether in contract, tort (including but not limited to negligence) or otherwise will not exceed an amount equal to one hundred percent (100%) of the total fees paid by you to FeedbackBrain under these Terms of Service in the twelve (12) consecutive months preceding the most recent claim.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
You agree to indemnify, defend and hold harmless FeedbackBrain and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. This Agreement, as may be updated from time to time and posted at http://www.feedbackbrain.com/terms represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.