The following are the terms and conditions (“Terms, “Terms of service”, “Agreement”) of use of “Brand Offline” services. Brand Offline will hereafter be referred to as (“Brand Offline”, “we”, ”us”, ”our”). The user of our services will hereafter be referred to as (“You”, “Your”, “Customer”, “User”). By signing up and/or using our service, you are agreeing to be bound by the following terms of condition (“Terms of Service”). In order to use our service, you must review and accept the terms of this agreement. Please be sure to review this agreement carefully. The acceptance of this agreement puts you in a legally binding commitment between you and Brand Offline.
Changes to Terms of Service
The content of these terms of services may change at any time. The revisions of the terms will supersede all prior versions of this agreement. We will notify you of these revisions via email, phone call, through our service dashboard, or any other means that we deem plausible. It is also good practice to re-read these terms from time to time to make sure you’re up to date. Continuing the use of our service constitutes your acceptance of any revisions.
In order to use our services, you will be required to create an account through our registration form. During the account creation process, you will be asked to provide your email, full name, organization name, phone number and other information related to your business as prompted by our forms. The information provided must be accurate, complete, and current during the registration and maintained during the duration of use of our services. You are solely responsible for all use (whether or not authorized) of our services under your accounts including data of your customers. You are solely responsible for all use and acts of omission of anyone that has access to your application. You are solely responsible for maintaining security of your account including any and all passwords. You are solely responsible for all acts done by the users that are granted access to your account (employees, sub-contractors, etc). You must be at least 18 (Eighteen) years of age to use our services and enter into this legally binding agreement.
Billing, Upgrades, Downgrades, and Cancellation
Fees will be billed in accordance to the service plan chosen by you (either our standard rates or custom quotes given by a Brand Offline representative). You agree to pay any and all fees and taxes associated to your account. Billing and fees are all paid in advance and are non refundable. The subscription service will be automatically renewed and automatically billed via credit card (or other payment method accepted by our system) monthly, yearly, or bi yearly (dependent on your subscription plan) renewing on the same day of the month as the original purchase.
The pricing for our service may change at any time. The cancellation/re-registering of an account does not grandfather you into previous billing plan. In the instance of a price increase in our services, you will be notified of the price increase a minimum of 14 (fourteen) days prior to the increase. The price increase will be effective for the next billing cycle of your plan and will be billed automatically. Your account will be deactivated for any past due payments.
In the instance of an upgrade in between payment cycles, you will be charged the difference for that cycle and will receive the upgraded features immediately upon upgrade of your subscription plan.
In the instance of a downgrade in between payment cycles, the downgraded payment and service features will take effect in the forthcoming payment cycle.
In the instance of a cancellation, your subscription plan will be terminated and the auto payments will be deactivated for the forthcoming payment cycle. You will have access to our services until the end of your payment cycle.
Our Use and Storage of Customer Data
Warranties and Disclaimers
We hereby disclaim any and all warranties, expressed or implied in our services or available through our services. This includes but is not limited to our reporting and analytics, which may include error or typographic errors. We do not warrant that our service will be uninterrupted or error free. We do not guarantee or warrant storage of customer data. Brand Offline does not warrant the service will be operating at all times, or during down time caused by outage of internet, networks, or servers. Our service is provided to you “as is”. The duration of any applicable warranty will be the minimum under that law. We do not guarantee accuracy by our service to track online conversions. Our service has capabilities of tracking mainly mobile devices, any other form of search done by your customer may result in an “unknown” or “walk-in” track.
Limitation of Liability
Under no circumstances will we be liable to you for any direct, indirect, incidental, consequential or punitive damages, including loss of goodwill, loss of profits or revenue, lost sales or business, work stoppage, computer failure or malfunction. We will not be liable for any click fraud detection or no detection by our service.
As an account holder of Brand Offline, you may cancel or terminate your account at any time. You agree that we may without any prior notice, immediately suspend, terminate, or limit your account to any of our services. The cause of termination may include but is not limited to a breach or violation of this agreement, by request by governing law or agencies, non-payment, or unexpected technical issues.
These terms and all disputes between parties will be governed by California law and/or applicable federal law. All resolutions will be performed in the state of California, without regard to the choice of law or conflict of law principles.
Agreement to Arbitration
We own all rights, title, interest, copyright and intellectual property including but not limited to patent rights, copyright rights, mask work rights, moral rights, trademark rights, and goodwill in these services and all forms of it.
If a resolution between a dispute cannot be settled and resolved with our support team, you agree to resolve any and all disputes under these terms, our privacy notices, or in relation to our services by binding arbitration in Los Angeles, California, or at other location mutually agreed upon. These terms still apply if you terminate or delete your account. Prior to filing arbitration, both parties agree to resolve any disputes by mediation. All mediation fee are to be equally paid for between both parties. Either party may begin an arbitration proceeding if the mediation was deemed to be unsuccessful in resolving the dispute.