1. Our Service
- Brahmin Solutions is a software application (“Service”) provided by Brahmin Solutions Inc (“Brahmin ”, "Brahmin Solutions", “us”, “our” or “we”) to you as our customer (“you” and “your”).
- These Terms and Conditions (“Terms and Conditions”) apply to the order by you and supply of services by us to you (“Contract”). We reserve the right to amend these Terms and Conditions at any time. You should refer to the Terms and Conditions on our website from time to time.
- Use of this Service and additional Services introduced by Brahmin Solutions and contained within the Brahmin Solutions application constitutes acceptance by you of these Terms and Conditions and any amended Terms and Conditions that may be published.
- IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT UTILIZE THE SERVICE.
- Failure to comply with these Terms will lead to the termination of your account. Remember that you are choosing to use the Service at your own risk.
2. Qualifications & Account Registration
- To utilize the Service, you must have reached the age of majority in your jurisdiction and possess the capacity to comprehend and consent to the Terms. If you are a minor, or if you have been previously banned from using any part of the Service, you are not permitted to access the Service. You affirm and guarantee that: (i) you hold all necessary rights, power, and authority to agree to these Terms and to fulfill your commitments and bestow the permissions and licenses stipulated here; (ii) you, along with your subcontractors, agents, and employees, will adhere to all relevant laws while fulfilling your duties and exercising your rights under these Terms; and (iii) your utilization of the Service will be strictly for the purposes intended within these Terms. If you are creating or using an account on the Service on behalf of a client (“Customer”), you affirm and warrant that you are an authorized agent of the Customer with the power to bind the Customer to these Terms, and you agree to these Terms on the Customer’s behalf. In this context, "you" refers to both you personally, the Customer, and any other individual authorized to use the Service on behalf of the Customer.
- During account setup, you are required to furnish a legitimate email address and other necessary details to finalize the registration process (“Login Credentials”). The security of your Login Credentials and account is your sole responsibility. You are committed to safeguarding your account by securing your Login Credentials and promptly changing them if you suspect they have been compromised. Except for third parties you have authorized to use your account under these Terms, you must not share your Login Credentials with any other parties and are solely accountable for all actions performed with your Login Credentials. Furthermore, you agree to promptly inform Brahmin Solutions if there is any unauthorized use of your account. Brahmin Solutions will not be held responsible for any loss or damage resulting from your failure to maintain the security of your account.
3. Account Holder Obligations
- As the account holder, you bear full responsibility for any content disseminated and all activities conducted through your account, even if such actions are performed by others with access to your account. It is prohibited to leverage the Service for any illicit or unauthorized undertakings. In your usage of the Service, you must not infringe upon any applicable laws within your jurisdiction, including but not limited to intellectual property laws.
- In regard to your interaction with the Service, you grant Brahmin Solutions a global, non-exclusive, royalty-free, fully compensated, sublicensable, and transferrable right and license to store, index, and duplicate your trademarks and logos (“Marks”) and any other materials you submit via the Service for the purpose of display (i) on the Service and (ii) through third-party syndication outlets, including social media platforms (such as Twitter, Pinterest, Facebook, etc.). We do not claim any additional intellectual property rights beyond this over the materials you provide to the Service. Ownership of your Marks, profile, and uploaded content remains with you. Brahmin Solutions does not engage in prior screening of content, however, Brahmin Solutions and its appointees reserve the right (but not the obligation) to reject or eliminate any content made available through the Service at their sole discretion.
- Except as specifically stated elsewhere in these Terms, you alone are accountable for all customer service related aspects tied to your use of the Service. This includes, but is not limited to, pricing, product details, availability, fulfillment of orders, dispatch, handling of cancellations by either you or your customers, returns, refunds, adjustments, as well as managing feedback related to your personnel, policies, or procedures. In providing customer service, you must consistently represent yourself as an independent entity from Brahmin Solutions. We may reach out to you regarding your account or any services offered to you through various means, including email, phone, text message, and other comparable technologies.
4. Payment Terms
- By subscribing to the Service, you commit to fulfilling all associated fee requirements. Service subscription charges are based on the subscription plan selected rather than actual usage, and once fees are paid, they are non-refundable. During the agreed subscription term, you may not reduce your service plan level.
- For subscriptions requiring payment, you must maintain current, complete credit card information. Service access may be suspended or terminated if a free trial is not converted to a paid subscription by supplying valid credit card details for service activation. By registering a credit card with Brahmin Solutions, you authorize the charging of that card for all applicable Services throughout the initial and any subsequent subscription periods. It is your duty to ensure Brahmin Solutions has accurate billing and contact details and to inform of any updates.
- Services are prepaid either monthly or annually, as per your plan choice. Failure to remit payment by the due date may result in interest charges or may necessitate Brahmin Solutions to impose more immediate payment terms for future renewals. All fees are quoted without Taxes, which you are responsible for paying. If Brahmin Solutions is legally required to collect Taxes you owe, you will be billed and expected to pay those amounts, unless you provide a valid tax exemption certificate.
- Plan Tier Usage:
- The Service allows usage beyond your current plan's limits without technical restrictions. However, it is your obligation to manage usage within the parameters of your subscription tier.
- Should your usage surpass the limits of your plan, Brahmin Solutions may automatically adjust your plan to the next tier and bill the difference to your credit card. Notification of such changes will be sent to the account holder's email. If you've engaged through a third party, you must follow the provided upgrade instructions and confirm the change to Brahmin Solutions. Neglecting to upgrade can lead to suspension or termination of your Service. Brahmin Solutions reserves the right to change or discontinue these upgrade/downgrade processes without notice. You are accountable for keeping abreast of these changes and ensuring your subscription meets your needs.
- Delinquency and Nonpayment:
- If your account becomes delinquent, Brahmin Solutions will attempt to process the payment again. However, persistent failure to settle the due amount, after reasonable attempts, grants Brahmin Solutions the authority to suspend or cancel service access. Brahmin Solutions will not enforce suspension or cancellation if you are actively and reasonably contesting the charges.
- For third-party billing, Brahmin Solutions cannot cancel the account but may disconnect service. You are responsible for resolving any payment issues with the third-party provider.
- Delinquency and nonpayment can lead to service suspension or termination and the loss of data and account features, for which Brahmin Solutions will not be liable.
- Maintaining current billing information and resolving payment issues promptly is crucial to prevent account delinquency and service interruption.
- Our handling of your information is detailed in our Privacy Policy, which is deemed part of these Terms.
5. Subscription Cancellation and Account Termination
- Your subscription period begins when you sign the order form and provide valid payment information. Subscriptions automatically extend for successive monthly or annual periods, according to your chosen plan, unless (1) you are notified by Brahmin Solutions at least 30 days prior to the end of the current term, or (2) you cancel following the procedures outlined here. Renewals of subscriptions that were initially offered at a promotional or one-time rate will be subject to the standard rate as per Brahmin Solutions' pricing at the time of renewal. Please note that reductions in subscription volume or term length upon renewal may lead to changes in pricing, which may not adhere to previous per-unit pricing agreements.
- To terminate your subscription, you must fill out and submit the designated cancellation form. Brahmin Solutions may request further information about your decision to cancel. If you provide a reason or after Brahmin Solutions has made reasonable attempts to obtain additional information without success, your account will be deactivated, and the cancellation will be processed.
- If you are directly billed by Brahmin Solutions, your subscription will cease at the end of your current paid term, and you will not incur further charges.
- If a third party, like a platform marketplace, handles your billing, you must remove Brahmin Solutions and manage the cancellation and any future billing with that third party. Brahmin Solutions cannot cancel third-party billings for you.
- Upon account termination, Brahmin Solutions may delete your data at its discretion, and the restoration of such data is not guaranteed. Before canceling, ensure you save copies of any data you wish to keep.
- Brahmin Solutions reserves the right to suspend or terminate your account and deny access to the Service or any other Brahmin Solutions services for any reason at its sole discretion. Termination will lead to the deactivation or deletion of your account and access, as well as the loss of all content within your account. Brahmin Solutions may refuse service to any individual at any time for any reason.
6. Service and Pricing Adjustments
- Brahmin Solutions retains the authority to adjust or halt the Service, or any component thereof, either temporarily or permanently, with or without prior notification. This includes the right to make changes at any moment and for any duration.
- All services provided, including but not limited to the subscription fees for monthly or yearly plans, are subject to price revisions. Brahmin Solutions will provide a 30-day notice period before such changes take effect. This notice may be conveyed through various methods, including but not limited to, publishing on the Brahmin Solutions website (https://www.brahmin-solutions.com), via email communication, or directly within the Service.
- Under no circumstances will Brahmin Solutions bear responsibility for any alterations, price shifts, interruptions, or cessation of the Service that may affect you or any third party.
7. Usage Terms and Service Provision
- You acknowledge that you use the Service entirely at your own risk. The Service is made available to you without warranties of any kind, either expressed or implied, strictly "as is" and subject to availability.
- The extent of technical support varies according to the subscription tier you have chosen. Paying subscribers can access support through live chat or by emailing support@brahmin-solutions.com, as well as via the dedicated support portal at https://support.brahmin-solutions.com. The specifics of your support entitlements are detailed in the terms of your subscription plan.
- Brahmin Solutions employs the services of third-party providers and hosting partners to supply the essential hardware, software, networking, storage, and other technology needed to deliver the Service. Our Privacy Policy outlines the measures taken to safeguard your data.
- You are prohibited from altering, adapting, or hacking the Service, or from modifying another website to falsely suggest an association with the Service or Brahmin Solutions.
- You must not replicate, reproduce, sell, trade, or exploit for any commercial purposes any part of the Service, including access to the Service, without Brahmin Solutions' explicit written consent.
- While Brahmin Solutions is not obligated to do so, we reserve the right to remove content and accounts that contain materials we, in our sole discretion, consider to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or in any way objectionable or that infringe on intellectual property rights or these Terms.
- Any form of abuse directed towards any Brahmin Solutions customer, employee, or officer will lead to immediate termination of your account.
- You acknowledge that the technical processing and transmission of the Service, including your content, may involve unencrypted transmissions over various networks and changes to conform and adapt to technical requirements.
- You must refrain from sending unsolicited emails, text messages, or "spam," and from disseminating any software viruses or any other harmful code.
- Brahmin Solutions reserves the right to disable or restrict your account without notice if your bandwidth consumption significantly exceeds the average level of use of Brahmin Solutions customers.
- Brahmin Solutions makes no guarantees that the Service will meet your requirements, function without interruptions or errors, and that any results from using the Service will be reliable or accurate.
- Brahmin Solutions is not liable for any forms of damage or loss arising from the use or inability to use the Service, from procurement costs for substitute services, unauthorized data access, third-party conduct on the Service, or any other Service-related issues.
- The absence of enforcement or exercise of any right or provision in these Terms by Brahmin Solutions does not signify a waiver of such right or provision. These Terms embody the entire agreement between you and Brahmin Solutions, overriding any prior agreements and dictating the terms of Service use.
- For inquiries regarding these Terms, please contact support@brahmin-solutions.com.
8. Access and Backups
- We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, we do not accept any responsibility for “down-time” or poor performance of our servers or infrastructure, or where the Service is unavailable for any other reason, whether within or outside our direct control.
- You are solely responsible for backing up any content or data entered onto the Service by you. We strongly recommend that you regularly and completely backup all of your content and data on the Service.
9. Disclaimer
- WE ENDEAVOR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE BRAHMIN SOLUTIONS SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE BRAHMIN SOLUTIONS SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRAHMIN SOLUTIONS AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER BRAHMIN SOLUTIONS NOR ANY OWNER OF CONTENT WARRANTS THAT THE BRAHMIN SOLUTIONS SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, BRAHMIN SOLUTIONS MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE BRAHMIN SOLUTIONS SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT BRAHMIN SOLUTIONS IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE BRAHMIN SOLUTIONS SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM BRAHMIN SOLUTIONS SHALL CREATE ANY WARRANTY ON BEHALF OF BRAHMIN SOLUTIONS IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
10. Limitation of Liability
- YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE BRAHMIN SOLUTIONS SERVICE IS TO STOP USING THE BRAHMIN SOLUTIONS SERVICE. WHILE BRAHMIN SOLUTIONS ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO BRAHMIN SOLUTIONS, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD-PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BRAHMIN SOLUTIONS, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE BRAHMIN SOLUTIONS SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER BRAHMIN SOLUTIONS HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE BRAHMIN SOLUTIONS SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO BRAHMIN SOLUTIONS DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
11. Indemnity
- You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms and Conditions whilst using the Service or any other Service provided by us.
12. Privacy
- Use of the Service is also governed by our Data Processing Addendum, which is incorporated into these Terms and Conditions by this reference.
13. Severability
- The foregoing paragraphs, sub-paragraphs and clauses of these Terms and Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
14. Waiver
- Failure by us to enforce any accrued rights under these Terms and Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
15. Governing Law, Jurisdiction and Legal Notice
- These Terms and Conditions will be governed and construed under the laws of the State of Delaware, U.S.A., without regard to its choice of law provisions. You agree that any action at law or in equity arising out of or relating to this website or the Brahmin Solutions Content, including these Terms and Conditions, will be filed only in the state or federal courts located in Delaware. You consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
16. Use of third party Services
- As part of the implementation Service, we may recommend the use of third parties for specific development or integrations required by you.
- We are not responsible for any issues or delays with any third-party technology, information and/or Services and will not be liable for those issues.
- You are entitled to introduce to us another third party development agency with who you already have an existing relationship.
17. Contact Us
- If you have any questions concerning the Brahmin Solutions Service or the Agreements, please contact Brahmin Solutions customer service by visiting the About Us section of our website or service@brahmin-solutions.com.
This Agreement was last modified on Apr 12th, 2022.
