Obligations of the Customer
1.The Customer assures that the information provided by him/her during the creation of his account and its use is correct and complete. Customer shall inform Captain BI immediately of any changes in the contact data communicated to Captain BI as well as in any other data required for the proper execution of the contract.
2.Captain BI will inform the Customer of the technical requirements for the use of the Platform or other provided services. Such information is generally available in the product description and specification of the Software available on Captain BI’ website. It is the Customer’s responsibility to ensure that the technical requirements are met, including the availability of required hardware and software as well as a suitable telecommunications connection. On request, Captain BI can advise the Customer with regard to the required hardware and software environment. Captain BI shall, however, only be liable for such advice to the extent that it is provided against payment, as well as in the case of intent and fraudulent deception or the existence of other mandatory statutory liability circumstances.
3.The Platform is not intended for the permanent backup and storage of data. For this reason, the Customer shall retain its own backup copies of all data it transmits to Captain BI, which must not be stored on Captain BI’ servers. In addition, the Customer shall regularly back up data created in connection with the use of the services in order to prevent permanent data loss and thus minimise the risk of damage.
4.The Customer shall keep the login and password details for access to the Platforms secret and keep them safe and inaccessible to third parties. Persons to whom the Customer grants access authorization shall be instructed accordingly by the Customer and shall be obligated to the same extent. The Customer shall inform Captain BI immediately if it becomes aware that unauthorised third parties have obtained access data to the Platform. Captain BI is entitled, but not obliged, to take measures to reduce the damage and, for example, to block the corresponding Customer Account or to change the access data. In such a case, the Customer has the right to request new access data from Captain BI. If a third party uses a Customer Account to receive access to the Platform after it has obtained the required access data because the Customer has not sufficiently secured it, the Customer will be accountable for such third party actions made with this Customer Account as if he had acted himself/herself. This does not apply if the Customer has previously informed Captain BI of the unauthorized possibility of access by a third party with sufficient lead time to take countermeasures.
5.The Customer shall refrain from taking any measures that could impair or endanger the stability and safety of the Platform or any other Captain BI systems or services, unless such an impairment or endangerment is a technically necessary consequence of the contractual use of the Platform.
DURATION OF TERMS
Once in effect, this Agreement will continue in operation until terminated by either you or us.
You may terminate this Agreement at any time and for any reason by providing notice to Company in the manner specified in this Agreement or by choosing to cancel your access to the Services using the tools provided for that purpose within the Services. We may terminate this Agreement without notice or, at our option, temporarily suspend your access to the Services, in the event that you breach this Agreement. Notwithstanding the foregoing, Company also reserves the right to terminate this Agreement at any time and for any reason by providing notice to you either through email or other reasonable means.
1.Billing. Captian BI may offer the Service through a variety of billing methods, which include, but are not limited to, monthly recurring subscriptions, and annual recurring subscriptions ("Subscription"). CaptianBI will bill you on the date you subscribe to the Service ("Subscription Date"), and will continue to bill you in accordance with your selected Subscription until you cancel the Service. You must cancel your Subscription at least one day prior to the next billing date to avoid a Subscription renewal. Fees will be billed to your Payment Method on the calendar day corresponding to the Subscription Date. Subscription fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled .
2.Payment Methods. To use the Service you must provide one or more Payment Methods. You can update your Payment Methods by going to the "Account" page of our Website. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
3.Cancellation. You can cancel your subscription at any time, and you will continue to have access to the Service through the end of your pre-paid billing cycle. To cancel, please navigate our Website to your account profile and follow instructions from there, or contact our Customer Support team at firstname.lastname@example.org. If you cancel your subscription, your account will automatically close at the end of your current billing period.
4.Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.
5.Refund Policy. If you contact our Customer Support department within 14 days of your original sign-up, you are eligible for our Money Back Guarantee. To receive your money back, you must contact our Customer Support team online at email@example.com no later than 14 days following your original sign-up and ask for a refund. Any contacts made after that 14 day period will not be eligible for our Money Back Guarantee. Only your first purchase is subject to the Money Back Guarantee; renewal orders are not eligible for the Money Back Guarantee under any circumstances.
Security, Storage, & Retention
Security. The privacy and protection of your data is of the utmost importance to us. We take all reasonable technical and organizational precautions to protect the confidentiality, security and integrity of your Personal Data. Although we use multiple and various security measures to help protect your Personal Data against loss, misuse or unauthorized disclosure, we cannot 100% guarantee the security of information transmitted to us over the Internet.
Storage. The Personal Data that you provide to us is generally stored on servers located in the United States. If you are located in another jurisdiction, you should be aware that once your Personal Data is submitted through our Service, it will be transferred to our servers in the United States and that the United States currently does not have uniform data protection laws in place.
Retention. We will retain your information for as long as needed to provide you with our service. If you wish to cancel your account or request that we no longer use your information to provide you service, contact us at firstname.lastname@example.org. We will retain only that information necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Intellectual Property. The Website, its original content, features, functionality (including look), our trademarks, service marks, logos, and Service content (“Intellectual Property”) are owned by Captain BI and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, or republish any of our Intellectual Property. The term “content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, AdWords, and interactive features generated, provided, or otherwise made accessible on the Website or otherwise through Captain BI.
Customer Data. “Customer Data” means information, data, and other content, in any form or medium, including your billing and other personal information, that is submitted, posted, or otherwise transmitted by you, or a third party on your behalf, through the Service. As between you and Captain BI, you own all right, title, and interest, including all intellectual property rights, in and to the Customer Data. You hereby grant Captain BI a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for Captain BI to provide the Service and a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use the Customer Data for analytics purposes. Captain BI will only use your billing and other personal information for the purpose of providing you the Service.
International Users. The Service is controlled, operated and administered by Captain BI from our offices within the USA and Canada. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Compliance with Law. You represent and warrant that your use and interaction with Captain BI and its Service is in compliance with all national, federal, state, and local laws, ordinances and regulations. If you are located in a country outside the United States it is your responsibility to determine that you are in compliance with the laws of that country. You agree to indemnify and hold us harmless from any losses, including attorney fees that result from your breach of any part of these warranties.
Force Majeure. We shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of god, war, hackers, third party internet providers, government orders, power failures, nuclear destruction, Armageddon or any other force majeure event.
Severability. The invalidity or unenforceability of any provisions of these Terms shall not affect the validity or enforceability of any other provisions of these Terms, which shall remain in full force and effect.Any provision of these Terms which imposes an obligation after termination or expiration of this agreement shall survive the termination or expiration of this agreement.
Headings. The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.
Waiver. Our failure to exercise or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
Governing Law. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Texas without regard to its conflict of laws rules, or international law or convention.
Dispute Resolution. Any dispute or controversy you or we have arising under or in connection with this agreement shall be settled exclusively by binding arbitration solely by written submission in Austin, in the State of Texas, in accordance with the expedited Commercial rules of the American Arbitration Association then in effect, by one arbitrator. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. The arbitrator shall not have the power to award any punitive or consequential damages. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
Assignment. You may not assign any of your rights under this agreement to anyone else. We may assign our rights at our discretion.
Disclaimers of Warranties and Limitations on Liability
Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, CAPTAIN BI OFFERS THE WEBSITE AND SERVICE AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE OR ITS SERVICE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. CAPTAIN BI DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN PARTICULAR, CAPTAIN BI MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION PROVIDED THROUGH THE SERVICE, REGARDLESS OF THE SOURCE, IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. CAPTAIN BI DISCLAIMS ALL LIABILITY FOR ANY INACCURACY, ERROR, OR INCOMPLETENESS IN THE SERVICE.
Limitation of Liability. EXCEPT TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL CAPTAIN BI, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICE, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE OR SERVICE (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF CAPTAIN BI TEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS MADE ABOUT THE SERVICE IN ANY MONTH WILL BE NO MORE THAN WHAT YOU PAID US THE MONTH BEFORE.
Results Not Guaranteed. Captain BI makes no guarantee or representation of any kind concerning the results of your use of the Website or Service. Any testimonials or examples displayed or depicted through Captain BI’s Website, programs, and/or the Service are only examples of what may be possible. There can be no assurance as to any particular outcome, including increased income, Amazon ranking, sales, and/or any other outcome, based on the use of the Service or any other products, programs or service offered by us.
Third Party Resources. The Website and the Service may contain links to third party websites or other resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or other resources. Links to such websites or resources are provided only as a convenience to you and do not imply any endorsement by or affiliation with Captain BI. You acknowledge sole responsibility for, and assume all risk arising from, your use of any such third party websites or resources.
Electronic Communications. When you use the Service, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Captain BI reserves the right, in its sole discretion, to change the Terms under which www.captainbi.co is offered. The most current version of the Terms will supersede all previous versions. Captain BI encourages you to periodically review the Terms to stay informed of our updates.