Welcome to the Web Essentials experience located at mywebessentials.com (the “Site”) and in our Web Essentials mobile applications (collectively, the “Apps”), each of which is owned and operated by Braidio (“Braidio”, “we”, “our” and/or “us”). Through the Services, we provide tools for users to build websites. The Site and the Apps, together with any other services we may provide, are referred to herein as the “Services.”
Please read these Terms of Service (these “Terms”) carefully because they set forth the mutual agreement between Braidio and you as to your rights and responsibilities when you use the Services. Please also refer to our Privacy Policy (the “Privacy Policy”) for information on how we collect, use, and disclose information from our users.
a. By accessing or using our Services, you agree to be bound by these Terms. You are also agreeing to comply with the Privacy Policy, which is incorporated herein by reference. If you don’t agree to be bound by these Terms, or any of the terms and conditions in the Privacy Policy, you should not access or use the Services in any way and should immediately exit the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity. You may use the Services only if you are 13 years or older. If you are under 13 years of age, you are not authorized by us to use the Services.
b. We may amend, modify, or update these Terms at any time, in our sole discretion. If we modify the terms in a material way, we will notify you by email or through the Services. It is important that you review the Terms whenever we modify them because if you continue to use the Services after those changes become effective, you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you should not access or use the Services in any way. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
c. The Services may contain links to third party websites or applications not owned by Braidio. Braidio has no control over, and assumes no responsibility for, the content, practices or policies (including privacy policies) of any such third parties. Braidio will not be a party to, or be responsible for monitoring, any transaction between you and any third-party provider of products or services. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources. By using the Services, you expressly release Braidio from any and all liability arising from your use of any third-party website or application.
Subject to your compliance with these Terms, Braidio grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services. This license is personal to you and may not be assigned or sublicensed to anyone else. You may not copy the Services, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you agree that you will not reproduce, redistribute, transfer, sell, create derivative works from, modify, decompile, reverse engineer, alter, adapt, or disassemble any portion of the Services or any source code therein. You further agree that you will not remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Services. Braidio reserves all rights in and to the Services not expressly granted to you under these Terms. In accessing and using the Services, you agree to comply with all applicable laws and legal requirements.
a. Subscriptions. In addition to offering free limited use of the Services, we offer paid subscriptions that include access to additional features. Our subscriptions may be purchased on a monthly or annual basis. The features and pricing for these subscriptions are available at https://braidio.com/leia.
b. Fees; Taxes. The subscription features and pricing are subject to change at Braidio’s sole discretion. If you stop paying for any Service, we may stop providing such Service. Unless stated otherwise, all fees will be in U.S. Dollars. Our fees do not include taxes, and you are responsible for all applicable taxes.
c. Chargebacks. If you contact your bank or credit card company to decline, chargeback, or otherwise dispute or reverse the charge of any fees, we reserve the right to challenge your dispute and terminate your account.
d. Promotions; Coupon Codes; Other Discounts. We may from time to time offer promotions, coupons, or other discounts. Coupon codes have no cash value, are not retroactive, and are non-transferable.
e. Free Trials. At the start of an upgrade, you may be given a 1-week free trial. Should you not cancel your upgrade at any point during the free trial, you will be charged for the plan that you've upgraded to within 24 hours of the end of the trial.
f. Renewals. By default, all monthly and annual subscriptions are set to automatically renew for the same period of time as the original subscription, unless you cancel such subscription at least one (1) day before the subscription period ends.
g. Cancellation; End of Subscription. Users who purchase a subscription may cancel such subscription at any time; however, all fees paid for such subscriptions are non-refundable.
We may offer to you the ability to use and/or register a custom domain name for a website. We own any domains that you register through us. Domain name purchases are non-refundable. We are not obligated at any time to transfer this domain name to another registrar. We may also offer the ability to purchase an SSL certificate for a website. We own any SSL certificates that you register through us. SSL purchases are non-refundable.
Accounts. In order to access certain features of the Services, you may need to create an account with us by providing your name, email address, and password. You are solely responsible for the activity that occurs on your account, including any activity by authorized or unauthorized users, and you must keep your account password secure. If you become aware of any breach of security or unauthorized use of your account, you must notify Braidio immediately and change your password. You are responsible for all activities that occur under your account, whether or not you are aware of such activities.
We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at marchand@vybesoftware.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, and create derivative works based upon and otherwise exploit the Feedback for any purpose.
For the purposes of these Terms: (i) “Content” means text, graphics, photos, images, music, software, audio, video, works of authorship of any kind, and information or other materials of any and every type in all forms and mediums that are posted, generated, provided, or otherwise made available through the Services; and (ii) “User Content” means any Content that you provide to be made available through the Services.
a. Ownership of Content. Braidio does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Braidio and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You may access the Content for your information and personal use solely as intended and permitted under these Terms. You shall not reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Braidio. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
b. Rights in User Content. By making any User Content available through the Services, including through submitting, posting, or displaying User Content through the Services, you hereby grant to Braidio a perpetual, irrevocable, non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Services and Content, in any and all media or distribution methods, (i) to you; (ii) to other users of the Services; and (iii) to third parties.
c. Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that: (i) you own all your User Content or you have all rights that are necessary to grant us the rights in your User Content under these Terms and to publish your User Content or otherwise make such User Content available through the Services; (ii) neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Braidio on or through the Services, will infringe, misappropriate, or violate any third party’s rights, including intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (iii) all of your User Content complies with these Terms and all applicable laws.
d. Acknowledgements. You acknowledge and agree as follows:
i. We cannot review all the User Content on our Services, and we are not the publisher of, do not endorse, and are not responsible or liable for any User Content, or the accuracy, utility, safety, or intellectual property rights thereof.
ii. If you use the Services in any way, you are responsible for your User Content and you release us from any damages caused by your or others’ User Content and waive any legal or equitable rights or remedies you have or may have against us with respect thereto.
iii. Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements.
iv. Braidio does not permit copyright infringement or other violations of intellectual property rights in the Services, and we reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content, including User Content, or domain names, to be objectionable or in violation of these Terms. Braidio also reserves the right to terminate access to the Services in appropriate circumstances for users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders or other third parties.
v. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
a. In accessing and using the Services, you agree not to do any of the following:
i. Post, upload, publish, submit, or transmit any Content that: (A) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (B) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (C) is fraudulent, false, misleading, or deceptive; (D) is defamatory, obscene, pornographic, vulgar, or offensive; (E) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (F) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (G) promotes illegal or harmful activities or substances; or (H) contains any confidential, proprietary or trade secret information of any third party.
ii. Use, copy, display, mirror, or frame (A) the Services or any individual element within the Services (including the user interface), (B) any Braidio trademark, logo, or other proprietary information, or (C) the layout and design of any page or form contained on a page within the Services, without Braidio’s prior written consent;
iii. Access, tamper with, or use non-public areas of the Services, Braidio’s computer systems, or the technical delivery systems of Braidio’s providers;
iv. Attempt to probe, scan, or test the vulnerability of any Braidio system or network or breach any security or authentication measures;
v. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Braidio or any of Braidio’s providers or any other third party (including another user) to protect the Services or Content;
vi. Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Braidio or other generally available third-party web browsers;
vii. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
vii. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
ix. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
x. Spam, hack into, or defuse the Services, or transmit any Content that contains any viruses, worms, trojan horses, defects, or other destructive items;
xi. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
xii. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
xiii. Impersonate or misrepresent your affiliation with any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
xiv. Defame, harass, stalk, threaten or otherwise violate the rights of others, or harm or exploit minors;
xv. Violate any applicable laws or regulations; or
xvi. Encourage or enable any other individual to do any of the foregoing.
b. Braidio has the right, but not the obligation, to monitor all conduct on and Content submitted through the Services. Failure to comply with any of the above conduct requirements will constitute a violation of these Terms and, in addition to any other rights or remedies we may have, Braidio may immediately terminate your access to and use of the Services or remove any Content that you submit, upload or display.
a. Braidio may terminate, suspend, or disable your access and use of the Services (or any part thereof), delete your account, or block or remove any User Content at any time and without notice to you if we determine, in our sole discretion, that you have violated any provision of these Terms. If Braidio deletes your account for any of the reasons set forth herein, you may not re-register for the Services or create a new account. Braidio may block your email address and Internet protocol address to prevent further registration.
b. If you have an account, you may request to cancel your account at any time by sending an email to us at leia@vybesoftware.com, and we will see what we can do to delete it. However, we cannot guarantee that your account will be deleted from the Services and you acknowledge and agree that your Account may continue to exist on the Services, even if it is not being used.
c. Upon any termination, discontinuation, or cancellation of Services or your account, all licenses granted by Braidio will terminate automatically. In the event of an account deletion for any reason, your User Content may no longer be available, and Braidio shall not be responsible for the loss of such User Content. The following Sections of these Terms will survive termination: Sections 4, 6, 7, 9, 10, 11, 12, 13, 14, and 15.
a. Notifications of Claimed Infringement. While we are not obligated to review submissions for copyright infringement, we are committed to respecting copyrights and the other intellectual property of others. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998 ('DMCA') by providing our Copyright Agent (identified below) with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
iv. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address (if available) of the complaining party;
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. Counter-Notifications. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the necessary authorization from the copyright owner, the copyright owner's agent or pursuant to the law, to post and use the Content, you may send us a counter-notification. DMCA notifications and counter-notifications must meet the then statutory requirements imposed by the DMCA (see 17 U.S.C 512(g)(3) or http://copyright.gov for more information).
c. Copyright Agent. Notifications and counter-notifications, as described herein, should be sent to: Braidio CEO, 2403 E 14th Street, Unit 1, Austin, TX 78702. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notification may not be valid.
a. The Services and Content are provided “AS IS” and on an “as available” basis, without warranty of any kind. Without limiting the foregoing, Braidio makes no representations or warranties: (i) that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (ii) regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content; (iii) that any User Content you submit will be made available through the Services or will be stored by Braidio; or (iv) that Braidio will continue to support any particular feature of the Services.
b. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPLICITLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
c. Without limiting the foregoing, Braidio expressly disclaims, and assumes no liability or responsibility for, any: (i) errors, omissions, or inaccuracies of Content; (ii) personal injury or tangible or intangible property damage or loss of any nature whatsoever resulting from your access to or use of the Services; (iii) unauthorized access to or use of the Services and/or any Content; (iv) interruption or cessation of transmission to or from the Services; (v) bugs, viruses, trojan horses or the like which may be transmitted to, by or through the Services; (vi) content submitted by any user; (vii) defamatory or offensive conduct of any third party, including other users; or (viii) loss or damage of any kind incurred as a result of the use of the Services or any Content posted, transmitted, or otherwise made available through the Services, including any loss of your Content.
You will indemnify and hold harmless Braidio and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, (iii) any domain names you use through the Services, or (iv) your violation of these Terms.
a. To the fullest extent permitted by law, Braidio SHALL NOT BE LIABLE to you FOR ANY indirect, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, or punitive DAMAGES whatsoever, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT OR FOR ANY ERROR OR DEFECT IN THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Braidio HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
b. Without limiting the foregoing, IN NO EVENT WILL Braidio’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED (i) THE AMOUNTS YOU HAVE PAID TO Braidio FOR USE OF THE SERVICES OR CONTENT OR (ii) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO Braidio, ONE HUNDRED DOLLARS ($100), AS APPLICABLE.
c. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Braidio AND YOU.
These Terms and any action related hereto will be governed by the laws of the State of New Hampshire without regard to its conflict of laws provisions. Any action arising out of or relating to these Terms or your use of the Services must be commenced in the state or federal courts located in New Hampshire, United States of America, and you consent to the exclusive jurisdiction of such courts.
a. These Terms, including the Privacy Policy, constitute the entire and exclusive understanding and agreement between Braidio and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Braidio and you regarding the Services and Content.
b. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the invalidity of such provision shall not affect the validity of the other provisions of these Terms, which will remain in full force and effect.
c. You may not assign or transfer these Terms, by operation of law or otherwise, without Braidio’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Braidio may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
d. Any notices or other communications provided by Braidio under these Terms, including those regarding modifications to these Terms, will be given: (i) by email; or (ii) through the Services. For notices made by email, the date of receipt will be deemed the date on which the notice is transmitted.
e. Braidio’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Braidio. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.