Terms and Conditions

Last updated: July 04, 2023

Please read these Terms and Conditions carefully. By using Brand Beacon or creating an account, you agree to these Terms, which result in a legal agreement between you and Brand Beacon (the "Agreement"). We'll begin with the fundamentals; including a few definitions to assist you comprehends these Terms. Brand Beacon («Brand Beacon», «we», or «us») is an online email template editor (the «Service») accessible via the URL brandbeacon.com (the «Website») that allows you to, among other things, create, edit, and manage specific email templates and/or order the creation of email templates. Brand Beacon is a Mexican corporation with the legal name Brand Beacon. Independent contractors and representatives («our Team») work for Brand Beacon. According to this Agreement, you are a «Member» (or «you») if you are a client of the Service or a representative of a company that is a customer of the Service.

These Terms of Use («Terms») outline the terms and circumstances under which you may use the Service in compliance with the Agreement, as well as how we will handle your account while you are a Member. If you do not agree to these Terms, you must stop using the Service immediately.

Please contact us if you have any issues regarding our Terms.

Account

Eligibility

To utilize the Service, you must first:

be at least eighteen (18) years old and legally capable of entering into contracts;

finish the registration process;

accept these Terms;

provide accurate, comprehensive, and up-to-date contact and billing information.

By using the Service, you represent and warrant that you satisfy all of the above conditions and that you will not use the Service in a way that violates any laws or regulations. It is important to note that by representing and warranting, you are creating a legally binding commitment. Brand Beacon has the right to reject service, terminate accounts, and modify eligibility restrictions at any time.

Term

The Agreement between you and Brand Beacon is created when you sign up for the Service and agree to these Terms, and the period of the Agreement (the «period») begins. The Term shall be for the duration of your Brand Beacon account or until you or we terminate the Agreement in accordance with these Terms, whichever comes first. By entering your email address and clicking the «Sign Up» button (or creating an account through social network services such as Facebook), you have formally «signed» and accepted the Terms. If you join up for the Service on behalf of a business or another organization, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on their behalf.

Closing Your Account

You or Brand Beacon may terminate the Agreement at any time and for any reason by closing your Brand Beacon account or providing the other party notice. We have the right to suspend the Service to you at any moment, for any reason. If we cancel your account without cause and it is paid, we will reimburse a prorated amount of your monthly payments. In any other case, including if your account is suspended or terminated for cause, such as a breach or violation of the Agreement, we will not refund or compensate you. We may close your account if it has been inactive for 24 months or longer. When your account is canceled, you understand and agree that we may permanently destroy your account and any data linked with it, including your email templates. Email addresses are unique and can only be used once. If your account is canceled, the email address will no longer be accessible for use on any subsequent accounts and cannot be retrieved.

Changes

We reserve the right to alter any of the Terms by publishing revised Terms of Use on our Website and/or alerting you of the new Terms by sending an email to the most recent email address you provided to us or by displaying conspicuous notice within the Service. Unless you cancel your account within 10 days, the updated Terms will go into effect immediately and apply to any new or ongoing use of the Service. We reserve the right to make changes to the Website, the Service, or any aspects of the Service at any time, and we reserve the right to cease the Website, the Service, or any parts of the Service at any time.

Account and Password

You are responsible for keeping your account email address and password private. You are also liable for any account that you have access to and any action that occurs in such account (other than activity that Brand Beacon is directly responsible for that isn't executed in accordance with your instructions), whether or not you approved that activity. You will promptly alert us of any unauthorized access or use of your accounts. We are not liable for any losses caused by or resulting from stolen or hacked credentials. We do not have access to your current password and may only provide you with advice on how to reset your password for security reasons. For billing purposes, we reserve the right to amend any of your contact information in your account. Furthermore, you represent and declare that any information you submit to us when creating an account, as well as while accessing and using the Service, is and will be complete and correct.

Payment

Pricing Plans

You consent to recurring paying when you sign up for a Pricing Plan. Billing takes place on the same day each month, depending on the date you began the Monthly Plan, and on the same day each year, based on the date you began the Annual Plan. Pricing Plan billing can be suspended, and you can terminate your account permanently at any moment.

Our Pricing Plan prices are disclosed on our website and are subject to change at any moment. If the Term includes any portion of a month, payment is payable for the entire month. Payments are due on the same or closest date to the day you made your first monthly payment (the «Payment Date») for any month. If you exceed the specified limit of your chosen price Plan and reach a higher price level, you must pay at the higher level on or before the next Payment Date. If the Term expires before that payment is due, you must still make one payment at the higher level. If you use the Service under the Forever Free Plan and exceed the Forever Free Plan limits, or otherwise upgrade your account to a paid plan, you will be offered a complimentary downgrade to the Forever Free Plan (provided your email templates, project volume, and user numbers return to the Forever Free Plan limits).

Credit Cards

As long as you're a Member with a paid account or otherwise have an ongoing debt with us, you'll furnish us with valid credit card information and permit us to debit monthly charges from that credit card. You will update any expired credit card information with that of a valid one. If your credit card is automatically replaced with a new card by a payment processor, you recognize and agree that we are permitted to charge any charges on your account to the new credit card. Anyone who uses a credit card represents and guarantees that they are permitted to use that credit card and that any charges may be invoiced to that credit card and will not be denied. If we are unable to complete your credit card order, we will attempt to contact you through email and suspend your account until your payment is received.

Refunds
We will repay you for a prepaid month if we cease delivering the Service and cancel your account without cause. You are not entitled to a refund from us under any other circumstances, unless two requirements are met: (1) It has been fewer than 30 days since your purchase; (2) you did not use the Service at all after the payment was made (did not generate email templates, exports, or send test emails, for example). If a Member seeks a refund, we may, in our sole discretion, provide one.

Billing Changes

We reserve the right to alter our costs at any moment by posting a new pricing structure on our Website and/or sending you an email notification. The above fees do not include any sales or transaction-based taxes.

Rights

Proprietary Rights Owned by Us

You agree to uphold our proprietary rights in the Website and the software used to deliver the Service (proprietary rights include, but are not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property).

Proprietary Rights Owned by You

You represent and warrant that you own or have permission to use all of the material, content, data, and information (including your personal information and that of others) that you submit to Brand Beacon while using the Service («Content»). The Content you post to the Service is your property. We may only use or disclose your Content (including any personal information included therein) in accordance with these Terms and our Privacy Policy.

Privacy Policy

We value your confidentiality. Please review our Privacy Policy for details on how we collect, use, and disclose your Content and personal information, as well as how we safeguard your privacy while you use the Service.

Liability

Limitation of Liability

You accept full responsibility for any loss resulting from your use of the Website and the Service, including any downloads from the Website, to the fullest extent permitted by law. We and our Team will not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they are the result of negligence or we were warned of the likelihood of such damages. In each calendar month, our total liability to you under or in connection with the Agreement--whether in contract, tort (including negligence), breach of statutory duty, or otherwise--will be limited to the amount you paid us for the Service the previous month.

Furthermore, for the avoidance of doubt, we or our Team will not be liable for any losses or damages you incur if you use the Service in violation of our Terms of Use, regardless of whether we cancel or suspend your account as a result of such violation.

No Warranties

We offer the Website and the Service "as is" to the fullest extent authorized by law. Except as expressly specified in these Terms, we provide no explicit or implied warranties, conditions, or undertakings in connection with the Website and/or Service. This includes, but is not limited to, implied warranties of merchantability and fitness for a particular purpose, which are explicitly excluded from the Agreement to the fullest extent permitted by law. We cannot guarantee that the Service will meet your specific requirements because Members use it for a variety of reasons.

Indemnity

You agree to pay and hold us and our Team blameless from any losses, including legal costs and expenses, resulting directly or indirectly from any claims you make that isn’t permitted under these Terms owing to a "Limitation of Liability" or other condition. (Indemnity is a contract that agrees to reimburse someone for a loss.) You also agree to indemnify and hold us harmless for any losses, including legal fees and expenses, resulting directly or indirectly from (a) your Content, (b) your use of the Service, (c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (e) any misrepresentations made by you, or (f) a breach of any representations or warranties you made to us.

Legal Fees and Expenses

We are entitled to recover any reasonable legal fees, expenses, and any damages or other relief we may be awarded if we initiate an action against you claiming you violated these Terms and we succeed.

Equitable Relief

If you break these Terms, we may seek injunctive remedy (a court order stopping you) or other equitable relief.

Disclaimers

We and our Team accept no responsibility for the actions of third parties, connected websites, or other Members.

Contact us

If you have any questions about this Privacy Policy, you may contact us:

By e-mail: contactus@brand-beacon.com

By visiting this page on our website: www.brandbeacon.com