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Terms & Conditions

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.

Description of Service

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.

Modifications to the Service and Prices

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.

Account Registration and Use

  1. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  3. Upgrading from a free plan to a paying plan ends your free trial. Once you upgrade to a paying plan, you will then be charged for your first month (monthly subscription) or first year (annual subscription) whichever is applicable, immediately upon upgrading.
  4. All fees are non-refundable (irrespective of actual usage). Fees are billed in advance on a monthly basis (monthly subscription) or annual basis (annual subscription) and must be paid by online payment methods mentioned in the website. There will be no refunds or credits for partial months of service (monthly subscription), partial year of service (annual subscription), upgrade/downgrade refunds, refunds for days in which an account was unused (monthly subscription), or refunds for months in which an account was unused (annual subscription). No exceptions will be made.
  5. 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).
  6. One person or legal entity may not maintain more than one free account.
  7. You may not use the Account or Service for any illegal or unauthorized purpose. You must not, in using the Account or Service, violate any applicable laws (including, but not limited to, intellectual property laws).
  8. Customers shall pay FeedbackBrain for use of the Account in accordance with the pricing set forth on the pricing plan table, which may be updated from time to time, or by customized contractual agreements. You hereby authorize FeedbackBrain to charge your credit card or invoice you in accordance with this Agreement. You represent that you have the right to authorize such charges and payments, and you agree to be responsible for payment in the event that the payment method is declined, expired, discontinued, or unremitted.
  9. Payment information is not required for a free trial account.
  10. All fees are non-refundable (irrespective of actual usage). Fees are billed in advance on a monthly basis and must be paid through online payment methods mentioned in the website. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months in which an account was unused. No exceptions will be made.
  11. Downgrading your Account may cause the loss of Content, Service, or other features or capacity of your Account. FeedbackBrain does not accept any liability for such loss.
  12. All fees are inclusive of applicable sales, excise, use, or similar taxes, but does not include any associated transaction fees from banks and/or credit cards and/or other payment modes mentioned in the website..
  13. If payment is not timely made, FeedbackBrain may (at its sole discretion and in addition to other remedies it may have) suspend the Account, as well as your access to the Account and that of your Authorized Users.

Cancellation and Termination

  1. You are solely responsible for properly canceling 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 the Cancel button at the My Plan tab under settings after you are logged into your Account.
  2. Your profile and all materials uploaded to your Account ("User Content") will be deleted from the Account upon cancellation. This information cannot be recovered once your Account is cancelled.
  3. If you cancel your Account prior to the end of the month (monthly subscription) or prior to the end of the year (annual subscription) and you have fully paid all fees due and owing, the cancellation will take effect and you will not be charged again.
  4. FeedbackBrain, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Account, User Content, or any other Service, for any reason at any time. Such termination of the Account will result in the deactivation or deletion of your Account, access to your Account, and the forfeiture and relinquishment of all User Content.

Copyright and Content Ownership

  1. FeedbackBrain respects copyright, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any Content on the Services that violates another person's proprietary rights.
  2. FeedbackBrain does not pre-screen User Content, but FeedbackBrain and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any User Content that is available via the Account or Site.

Limitation of Liability

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.

Disclaimer of Warranties

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.

Indemnification

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.

Waiver

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.

Force Majeure

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.

Privacy

Please review this site's Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site's home page.

Entire Agreement

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.

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