General Terms & Conditions Of Use
1. GENERAL INFORMATION
BRAINITY, owned by BRANITY SOFTWARE, S.L. (hereinafter, "BRAINITY") has established the present general terms and conditions of use (hereinafter, "Terms and Conditions") in order to regulate the access and use of the present website https://brainity.co, and at the address https://theroicalculator.org/ (hereinafter, the "Web/Platform") and/or the application Brainity – Automatic Retargeting for Facebook and Instagram (hereinafter, the “App”).
The aim of BRAINITY is to provide the development of software solutions to meet marketing and sales needs. BRAINITY's Artificial Intelligence boosts your sales with the most advanced retargeting ad technology. BRAINITY will receive information queries and confirm service requests, as well as process the payment related to the provided services.
The use and navigation through this Web/Platform and/or App grants you the status of User. It is for this reason that we recommend a careful reading to proceed to its proper use, since the mere use of it implies full, unconditional and irrevocable acceptance of these Terms and Conditions, and any use contrary to the herein provided is completely prohibited, being susceptible of generating responsibilities towards the owner of the Website/Platform and/or the App. It is the obligation of Users accessing the Web/Platform and/or the App to know these Terms and Conditions and check them regularly as they may be subject to modification by BRAINITY without prior notice.
2. IDENTIFICATION DATA
In compliance with the reporting obligations contained in Article 10 of the Law 34/2002 of July 11th, Information Society Services and Electronic Commerce, the following data is shown below:
The company that owns the web domain is BRAINITY SOFTWARE, S.L. (hereinafter BRAINITY), established for these purposes at Casa Joan Teula (Viladordis) 08240 – Manresa (Barcelona, Spain) with C.I.F. number B67210369, registered in the Barcelona Commercial Registry, Sheet B 519091 Volume 46411 Page 21. Website contact email: firstname.lastname@example.org or email@example.com.
The information and contents included on our Web/Platform and/or on our App are owned by BRAINITY. Obtaining, reproducing, distributing, transferring, transmitting, transforming, modifying, exploiting or publicly communicating it, for use other than the one intended herein, is strictly prohibited.
3. GENERAL DESCRIPTION OF CONTENTS AND SERVICES OF THE WEB/PLATFORM AND THE APP
BRAINITY is a company that provides the development of software solutions to meet marketing and sales needs. Our services allow Users to easily boost their sales with the most advanced retargeting ad technology. We deliver high quality software solutions, which are easy and simple to use. They are affordable marketing services with automatic ad management.
BRAINITY may receive and confirm requests for the procurement of services, and help, if requested, to make all the necessary arrangements so that all services are carried out in accordance with the law. We also process the payments related to the services hired through our Web/Platform and/or the App.
4. PAYMENT OF THE SERVICE THROUGH THE WEB/PLATFORM AND THE APP
The User may access the payment of the hired service through the Web/Platform and/or the App, following every step of the hiring process set by the Web/Platform and/or the App. The rate applied to the service will be the one that results at the end of the payment gateway, according to the applicable variables at the time, having Users total freedom to accept or reject the rate. At the time of the payment, the User may pay by credit card, debit card or PayPal, and the amount will be retained by the payment gateway Stripe (https://stripe.com) available on the Web/Platform and/or the App, until it is certain the service has been completed by BRAINITY. In addition, the hiring gateway of the Web/Platform and/or the App will inform the User, once the hiring process is completed, via email, of all the relevant features of the service. If the User does not receive the confirmation email within twenty-four hours (24h) after the completion of the purchase/payment, it is the responsibility of the User to confirm with BRAINITY approval of the transaction.
If any questions or concerns arise, please reach out to our customer service team immediately.
5. ACCESS, USE AND FUNCTIONING OF THE WEB/PLATFORM AND THE APP
Access to and use of the Web/Platform and/or the App is subject and, therefore, shall be governed by everything contained in these Terms and Conditions. Access to and use of the Web/Platform and/or the App by the User is public and free, without requiring subscription or registration for its viewing. However, hiring the services offered through the Web/Platform and/or the App, will require the registration of the User on the terms described below, upon acceptance of these Terms and Conditions.
In this regard, it is expressly stated that mere access and use of the Web/Platform and/or the App assigns the condition of User (hereinafter the "User" in singular, and the "Users" in plural) of the Web/Platform and/or the App and implies full and unreserved acceptance by the User, of the total content of these Terms and Conditions, in the version published on the Web/Platform and/or the App at the time of such access. Consequently, the User, under his/her responsibility, should carefully read all the general terms and conditions in each of the occasions in which he/she intends to use the Web/Platform and/or the App and refrain from accessing the Web/Platform and/or the App if it were not of agreement.
The above conditions will apply regardless of the General Contracting Conditions, which in its case, may result of mandatory compliance.
The access to the Web/Platform and/or the App is free except for the hiring of the offered services, sections for which an access password will be required, which will be granted by BRAINITY to the User. In order for the User to be able to effectively access the sections reserved for Users, he or she must proceed to prior registration using the available registration form. Once registered, the User will have a username or "login" and a "password", which make up the access code that will allow him/her to be identified as a registered User and authorized to access confidential information relating to the private area of the Web/Platform and/or the App. Also, to access as a User you must identify yourself in the section of the Web/Platform and/or the App enabled for this purpose with your username and password. The use of passwords and identification data of third parties is strictly prohibited, regardless of how such data and passwords were obtained.
The passwords provided by BRAINITY for access to the services offered in this Web/Platform and/or the App must be kept by the User with the utmost diligence and responsibility, in order to prevent the password from falling into the hands of a third party, and these passwords are confidential for all purposes.
If the User has any suspicion that the passwords provided by BRAINITY may have fallen into the hands of a third party not authorized to use them, he/she must notify BRAINITY immediately so that it can proceed to their modification.
By registering, you are accepting the conditions described herein, as well as authorizing BRAINITY and associated/affiliated companies, to send you by e-mail or any other means, advertising, communications and/or any other type of notification that BRAINITY deems appropriate.
As a User of the Web/Platform and/or the App you must at all times make proper use of it and the services it includes or provides, following the directions and instructions in it, and always respecting the law/current legislation and property rights of BRAINITY at all times. Throughout the use of the Web/Platform and/or the App, Users’ consent may be requested for the acceptance of conditions and/or additional or specific terms applicable to certain proceedings or sections. It is the obligation of the Users to carefully read the said conditions and/or terms and only proceed to their acceptance (by clicking with the mouse in the acceptance section that will appear next to the possible conditions and/or terms), after having fully understood them and as a sign of the willingness to accept them.
It is forbidden for any User or third party to perform any action (including the introduction or dissemination/spread of computer viruses) that involves access to data from the Web/Platform and/or the App or the servers of BRAINITY and/or that causes damage or alterations to the contents of the Web/Platform and/or the App, as well as intervene or cause alterations in the email, holding BRAINITY the right to exclude access to the Web/Platform and/or the App to any User or third party that infringes said forbiddance, and to take the appropriate measures according to the law. Likewise, it is forbidden to prevent the normal use or enjoyment of the Web/Platform and/or the App to other Users.
The Web/Platform and/or the App is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use is contrary to local laws or regulations. People visiting the Web/Platform and/or the App are responsible for ascertaining the terms of the laws and local regulations that affect them, as well as for complying with said laws and regulations.
BRAINITY reserves all rights in relation to the administration and management of the Web/Platform and/or the App and tools and applications that comprise it, including in an exemplary and non-exhaustive way, the right to temporarily interrupt its service to perform activities of maintenance or updates, as deemed appropriate, as well as the right to deny or withdraw access to the portal and/or the services offered without prior notice, on its own or at the request from a third party, to those Users who fail to comply with these Terms and Conditions.
BRAINITY will pursue the breach of these Terms and Conditions, as well as any improper use of its website, exercising all civil and criminal actions entitled to by law.
5.2 Coming of Age
By accessing and using the Web/Platform and/or the App, the User declares to be of legal age, in accordance with its own law, and guarantees to have sufficient legal capacity to be bound by these Terms and Conditions, as well as to use, and, when appropriate, to hire through the web, in accordance with the specific terms and conditions that may apply.
5.3 Modification and Update of the Web/Platform and/or the App and the Terms and Conditions
BRAINITY may modify the present Terms and Conditions at any time by email, or through the internal messages section of the Web/Platform and/or the App, or by posting the modified terms on the Web/Platform and/or the App. All modified terms will automatically take effect 30 days after being published.
However, notwithstanding the provisions of the previous section, BRAINITY reserves the right to modify and update the information contained in the Web/Platform and/or the App, as well as in these Terms and Conditions or in the particular terms and conditions, at any time without prior notice, being the User's responsibility to review them at the time of each access and/or use, since the use of the services will imply the acceptance of the general and specific Terms and Conditions in the version that is in effect at the time of the use or hiring.
The desire of BRAINITY is to provide a functioning Web/Platform and App with the highest availability and quality. However, maintaining and updating the tools and content of the Web/Platform require the same interventions that can cause temporary suspension of their availability. The policy of BRAINITY is to schedule such maintenance and upgrades at times of reduced traffic to minimize effects for Users, subject to the discretion of BRAINITY to carry them out at any time. However, BRANITY reserves the right to temporarily suspend, without prior notice to Users, access to the Web/Platform and/or the App to carry out maintenance, repair, update or improvement of services, information and content, as well as to modify or update the information, contents and access conditions thereof.
6. USER RIGHTS AND OBLIGATIONS
6.1 User rights
The User may access free of charge and without prior authorization the content and services available on the Web/Platform and/or on the App as such, subject to the particular technical conditions or the need for prior registration regarding specific services and contents intended for clients of BRAINITY, as determined in these Terms and Conditions or the particular terms and conditions of such services.
6.2 User obligations
The User declares and undertakes that all information provided by him/her during the course of using the Web/Platform and/or the App is certain, true, complete, accurate and that he/she is authorized to disclose it.
The User agrees to use the Web/Platform and/or the App in accordance with current legislation, with the provisions of the Terms and Conditions and the specific terms and conditions, when applicable, as well as with morality, good faith and public order.
The User agrees to refrain from using the Web/Platform and/or the App for illegal purposes, contrary to the provisions of the Terms and Conditions and the specific terms and conditions that may apply, or in a manner that is harmful to the rights and interests of BRAINITY or third parties.
BRAINITY reserves the right to suspend, terminate, deny or withdraw access and/or use of the Web/Platform and/or the App, at any time and without prior notice, to any User who fails to comply with these Terms and Conditions and/or any specific terms and conditions, when applicable.
Users must use the Web/Platform and/or the App and its contents under his/her sole and exclusive responsibility.
The User will be liable for the damages of any nature that BRAINITY may suffer as a result, directly or indirectly, for the User’s breach of the Terms and Conditions and/or any specific terms and conditions, when applicable.
7. GUARANTEES OF USE OF THE WEB/PLATFORM AND THE APP
BRAINITY does not ensure the availability and continuity of the Web/Platform and/or the App and of the products, services or contents offered therein, nor that the existing content on its Web/Platform and/or the App does not contain errors or is up to date, being exonerated of all liability for damages of any kind that may arise from such circumstances. BRAINITY will carry out, provided that there are no circumstances that make it impossible or difficult to execute, and as soon it hears or has new of errors, disconnections or lack of updating contents, all efforts aimed at correcting the errors, restore access and update the referred contents.
Likewise, BRAINITY does not ensure the technical reliability of its Web/Platform and its App, nor access to the different pages, nor the reliability of the content provided by third parties through the Web/Platform and/or the App, being exonerated, to the extent permitted by law, all liability for damages of any kind that may arise from the lack of certainty, truthfulness, availability, continuity, legality, updating and nature of such contents.
BRAINITY declares and ensures that its Web/Platform and its App have the necessary technology to date, for the access and/or use thereof. Nevertheless, BRAINITY does not ensure the possible existence of viruses and other harmful technological elements introduced by third parties that may cause alterations in the User's computer systems.
8. PERSONAL DATA AND COOKIES
9. INTELLECTUAL PROPERTY RIGHTS
BRAINITY is the owner or licensee of the intellectual property rights that fall upon the source code, content and design of the Web/Platform and the App.
All contents of the Web/Platform and the App (including, without limitation, databases, trademarks, logos, trade names, images, drawings, graphics, text files, audio, video and software) are owned by BRAINITY, or BRAINITY has been duly authorized for use, and are protected by national or international intellectual property regulations. The compilation (meaning the collection, arrangement and assembly) of all content on the Web/Platform and the App is the exclusive property of BRAINITY, and is protected by national and international industrial and intellectual property regulations.
Likewise, the User who is willing to share any type of content through the Web/Platform, grants BRAINITY a non-exclusive, free and worldwide license, limited to the reproduction and public communication of such licensed content through the provision of the services of the Web/Platform and/or the App.
The use of this Web/Platform and/or the App does not grant Users any right of exploitation of any kind, nor its ownership over the contents thereof, nor its intellectual property. The rights of use of the Users or third parties shall be limited to those expressly recognized in these Terms and Conditions, or recognized dynamically during the use of the Web/Platform and/or the App by the User.
The transformation, reproduction, exploitation, distribution, public communication and/or transfer/assignment, whether for consideration or free of charge, of any of the contents of the Web/Platform and the App is strictly forbidden.
Unless expressly stated otherwise in these Terms and Conditions, the copying or reproduction of all or part of the contents on the Web/Platform and the App, either in the originally published language or in its translation into another language, is forbidden, as well as derivative works and any public disclosure, except with the prior written consent of BRAINITY. Under no circumstances, shall the public disclosure of the contents of the Web/Platform and the App by BRAINITY be deemed as a waiver or transfer/assignment of rights.
BRAINITY expressly reserves the right to exercise as many actions to protect its legitimate intellectual property rights towards the Users and other third parties.
The use of third party intellectual property in the contents of the Web/Platform and the App should not be understood as that third party granting its endorsement, support or is somehow associated with BRAINITY.
BRAINITY is a trademark owned by BRAINITY SOFTWARE, S.L. It is strictly forbidden, except with the prior written consent of BRAINITY, any other use of the content of the Web/Platform and the App, as well as its own design, configuration and display, including but not limited to, reproduction, transformation, distribution, commercialization, transmission, subsequent publication, exhibition or total or partial representation thereof, whether commercial or merely informative purposes.
10. CONTENT OF OTHER WEBSITES
The Web/Platform and the App may provide Users with links to other websites operated by third parties through technical devices such as, among others, hypertext links, banners, buttons, directories and any other search tool that allows the User access different websites than the Web/Platform and the App or third-party websites (hereinafter "Links"). The use of Links does not imply a connection with BRAINITY, unless expressly stated otherwise, nor implies acceptance, endorsement nor recommendation by BRAINITY of the content or services offered by them, nor any warrant, whatsoever, towards the User. Therefore, the User must assess under his/her own responsibility browsing to other websites through such links, being BRAINITY exonerated from any liability regarding the information, data, files, products, services and any kind of existing material in the pages accessed through the Links.
Likewise, all those links between any website and the Web/Platform and/or the App do not imply, by their mere existence, any legal relationship between the Web/Platform and/or the App and the website that incorporates said Links, nor the knowledge and acceptance of BRAINITY of their existence and content.
Any information to which Users may eventually have access to, which has indications of confidentiality and which is not of a public nature or becomes public domain without breach of an obligation of confidentiality against BRAINITY, will be considered confidential, may constitute a trade secret of BRAINITY and/or companies with which it has agreements, and may not be disclosed or communicated publicly without the prior written consent of BRAINITY.
To the extent permitted by law, BRAINITY disclaims all liability, without limitation, but not limited to:
Of any errors, deletion, delay or failure that may occur in the transmission and operation of the Web/Platform and/or the App, as well as in providing services or products contracted by the Web/Platform and/or the App that originate from force majeure or fortuitous and any other causes beyond the good faith of BRAINITY (whether Internet problems, bugs, telephone failures, hackers, etc.), or caused by bad faith of the User.
All representations and warranties relating to the Web/Platform and/or the App and its contents, or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in the Web/Platform, the App and/or BRAINITY’s information.
All liability for damages arising out of or in connection with your use of the Web/Platform and/or the App. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised BRAINITY of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
Inadequate use that Users may make of the Web/Platform and/or the App or the linked websites, and result in an infringement of intellectual property rights, or other civil or criminal offenses.
Third-party claims arising from misuse by the User of the services or products of BRAINITY or in connection with these.
Acts or omissions of third parties, regardless of whether they could maintain any contractual relationship with BRAINITY.
Access and use of the Web/Platform and/or the App to unsuitable content, as well as sending of data by minors, without the consent of parents or guardians, when the law so requires, it is the responsibility of the parents or guardians to exercise proper control for the children in their care and prevent access to content of unsuitable use.
Errors or omissions or outdated content published on the Web/Platform and/or the App, even though BRAINITY is committed to regularly check the content of the Web/Platform and the App.
The uncertain, vague, incorrect or incomplete data provided by the User to prevent transmitting the purchased products or services and/or contact the User.
BRAINITY does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
According to the provisions, BRAINITY has no obligation to check and verify the identity of Users or the accuracy, validity, completeness and/or authenticity of the data they provide. BRAINITY excludes any liability for damages of any kind that may result from the illicit use of the Web/Platform and/or the App by Users or that may result from the lack of veracity, completeness and/or authenticity of the information that Users provide to other Users about themselves and, in particular, about the services offered for hiring through the Web/Platform and the App, as well as damages of any kind that may be due to the impersonation of the personality of a third party by a User in any kind of communication through Web/Platform and/or the App.
Notwithstanding the above-mentioned, BRAINITY reserves the right to limit, in whole or in part, access to the Web/Platform and the App to certain Users, and to cancel, suspend, block or remove certain types of content, using the technological instruments fit for the purpose, if it had actual knowledge that the activity or information stored is unlawful or harms property or rights of a third party. In this regard, BRAINITY may establish the necessary filters in order to prevent illicit or harmful content from being poured into the network through the service.
BRAINITY will not respond in case of service interruptions, connection errors, unavailability or deficiencies in the Internet access service or interruptions of the Internet or for any other reason beyond its control.
BRAINITY is not responsible for any security errors that may occur or for any damages caused to User's computer system (hardware and software), files or documents stored therein, as a result of the presence of virus in the User’s computer system or mobile terminal that is used to connect to services and content of the Web/Platform and the App or malfunction of the browser or the use of non-updated versions.
The responsibility of BRAINITY from the use of the Web/Platform and the App towards Users, registered or not, shall be limited to the amount that these have actually paid in respect of use of the Web/Platform and/or the App, or if the applicable law does not allow it, all the responsibility that the aforementioned legislation allows will be excluded.
It is possible that the Web/Platform and the App contain hyperlinks or references that link to web pages and/or third-party activities. BRAINITY is not responsible for the content, materials, services or any other element of third parties or the right or continued operation of the hyperlink.
In order to provide better service to the User, BRAINITY is committed to making the best efforts to solve the problems and incidents that may arise in the operation of the Web/Platform and/or the App.
13. CANCELLATION OF SERVICES AND REFUND POLICY
The User is required a minimum 48-hour notice of cancellation. You may be able to get a refund depending on the details of the service. Notification for instance, via email or through the Web/Platform and/or the App will be accepted.
Subscriptions that you purchased with your account can be cancelled at any time.
If you cannot access the content, we can send you a refund, depending on the details of the service and the performance issue.
If you cancel your subscription within the first 48 hours of a monthly subscription (or longer subscription), we may refund the cost of the month of cancellation.
Note: We can only send refunds for active subscriptions (we will not refund the amount of subscriptions that have already expired).
BRAINITY offers all Users a 14-day trial period to use the service free of charge. Your payment details will not be requested until the end of the trial period. At the end of your 14-day free trial, this subscription will automatically roll into a paid-for ongoing subscription with a recurring monthly subscription fee. Subscription duration will be ongoing until cancellation. If you want to prevent this, you can cancel your subscription prior to the end of the free 14-day trial period. However, if you do cancel, you can continue to use the free trial until the 14-day trial period ends. Once the trial rolls into a paid for subscription, you can cancel your subscription at any time, so that your subscription will expire at the end of the then current month. This will stop future payments of the subscription fees but you will not receive a refund for payments already made, unless otherwise stated in these Terms and Conditions or in the particular terms and conditions. When you cancel a subscription, you will still have access to your subscription for the remainder of time you have already paid for.
Uninstalling an app will not automatically stop your subscription. You must cancel your subscription to end your subscription. If you uninstall the app without cancelling your subscription, you will still be charged. If an app you've purchased a subscription for is removed, your future subscription will be automatically cancelled but past subscriptions will not be refunded.
In no event will BRAINITY be liable for the fraudulent use of the services by any User of the Web/Platform and/or the App.
Note: The cancellation and refund policy is different for the Facebook service, which is a separate service from ours. Therefore, the User understands that the investment made in Facebook will not be refunded when cancelling our service. However, if by mistake we have caused the User to spend a higher budget on advertisements than the one indicated and approved, we will not charge you for our service until we have compensated you for the additional expenses. If you would rather receive a refund for the additional expenses, you can email us at firstname.lastname@example.org or email@example.com.
14. NULL AND VOID
If any provision of these Terms and Conditions be declared fully or partially invalid or unenforceable, such invalidity or unenforceability will affect only that provision or part thereof that is invalid or ineffective subsisting on everything else, the rest of Terms and Conditions, and having such provision or the part of it that is affected by not being implemented, except that, as it is essential to these Terms and Conditions, it should affect them in an integral manner.
Also, if the whole or any part of these Terms and Conditions is invalid, unenforceable or illegal in a jurisdiction, the clause in question or, if allowed, the relevant part of this clause shall be void in respect of that jurisdiction. The rest of the Terms and Conditions will remain in effect and the validity or enforceability of such provision in any other jurisdiction will not be affected. This provision shall not be effective if the divisibility affects the basic nature of the Terms and Conditions, or if it is contrary to the general principles of law.
15. APPLICABLE LAW AND COMPETENT JURISDICTION
These Terms and Conditions, as well as any specific terms and conditions, and all those relationships that may arise from the access and use of services and products of the Web/Platform and/or the App between the User and BRAINITY shall be construed and governed in accordance with Spanish law.
Any dispute arising in connection with this Web/Platform and/or the App shall be settled in accordance with Spanish law, and submitted to the competent Courts and Tribunals.
For those cases in which the rules allow the parties to submit to a particular jurisdiction, both parties expressly waiving any other jurisdiction that may apply, submit to the exclusive jurisdiction of the Courts of the city of Barcelona (Spain).
These Terms and Conditions may be modified at any time, and you agree to continue to be governed by them, once the changes are included. For a period of fifteen (15) days you may communicate your non-acceptance expressly, by writing to the address listed in paragraph 2 of these Terms and Conditions, in which case you will be unsubscribed within seven (7) days following notification. Any changes will be notified by posting the revised Terms and Conditions on this website. We will not notify you of those changes separately, so we recommend that you periodically check this document.
Any notification that BRAINITY wishes to make to its Users will generally be carried out by email and/or notification through the Web/Platform and/or the App, sent to the email address provided in the registration process, or any other that you update after the registration through the corresponding section of the Web/Platform and/or the App. It is the responsibility of the User to ensure that he communicates any change in his email address. It will be considered that any notification that we send to your email address will have reached its destination at the time of sending.
BRAINITY is entitled to terminate your use of this Web/Platform and/or the App if concluding, in its sole discretion, that you have breached the Terms and Conditions.