1. Account Terms
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
To access and use the Services, you must register for a Brentiv account ("Account") by providing your full legal name, a valid email address, and any other information indicated as required. Brentiv may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You acknowledge that Brentiv will use the email address you provide as the primary method for communication.
You are responsible for keeping your password secure. Brentiv cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account ("Materials").
A breach or violation of any term in the Terms of Service, as determined in the sole discretion of Brentiv will result in an immediate termination of your services.
2. Account Activation
Subject to section 2.2, the person signing up for the Service will be the contracting party ("Account Owner") for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
3. General Conditions
Technical support is only provided to paying Account holders and is only available via email.
You may not use the Brentiv service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Brentiv.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Brentiv or Brentiv trademarks and/or variations and misspellings thereof.
Questions about the Terms of Service should be sent to firstname.lastname@example.org.
You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
4. Brentiv Rights
We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Account Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Brentiv customer, Brentiv employee, member, or officer will result in immediate Account termination.
Brentiv does not pre-screen Account Content or Companies and it is in their sole discretion to refuse or remove any Account Content that is available via the Service.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Brentiv employees and contractors may also be Brentiv customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
Brentiv retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, Brentiv reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
5. Limitation of Liability
You expressly understand and agree that Brentiv shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
In no event shall Brentiv or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Brentiv partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
Brentiv does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
Brentiv does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
Brentiv does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
6. Waiver and Complete Agreement
The failure of Brentiv to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Brentiv and govern your use of the Service, superseding any prior agreements between you and Brentiv (including, but not limited to, any prior versions of the Terms of Service).
7. Intellectual Property and Customer Content
We do not claim any intellectual property rights over the Content you provide to the Brentiv service. All material you upload, and data you provide, remains yours. You can remove your Brenitv Data and Content at any time by deleting your account. This will remove all Data and Content you have stored on the Service.
By uploading or inputting Account Data or Content, you agree: (a) to allow this data being shared by anyone who has access to your company's account; (b) to allow the data being sent to third parties by anyone who has access to your company's account; and (c) that Brentiv can, at any time, review all the Account data and Content submitted to its Service, although Brentiv is not obligated to do so.
We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
8. Payment of Fees
A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
The service will be billed in 30 day intervals. When your billing period is over the Account Owner will be sent an invoice via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing.
Brentiv does not provide refunds.
9. Cancellation and Termination
You may cancel your account at anytime by emailing email@example.com and then following the specific instructions indicated to you in Brentiv's response.
Once cancellation is confirmed, all of your Account Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
We reserve the right to modify or terminate the Brentiv service for any reason, without notice at any time.
Fraud: Without limiting any other remedies, Brentiv may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
10. Modifications to the Service and Prices
Prices for using the Services are subject to change upon 30 days notice from Brentiv. Such notice may be provided at any time by posting the changes to the Brentiv Site (brentiv.com) or the administration menu of your Brentiv store via an announcement.
Brentiv reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
Brentiv shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
11. Third Party Services
In addition to these Terms of Service, You also agree to be bound by the additional service-specific terms applicable to services You purchase from, or that are provided by, Brentiv’s partners or other third parties.
Brentiv may from time to time recommend, provide You with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between You and the applicable third party services provider (“Third Party Provider”). Any use by You of Third Party Services offered through the Service or Brentiv’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
We do not provide any warranties with respect to Third Party Services. You acknowledge that Brentiv has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Brentiv’s websites, or the integration or enabling of such Third Party Services with the Service does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Brentiv. Brentiv does not guarantee the availability of Third Party Services and You acknowledge that Brentiv may disable access to any Third Party Services at any time in its sole discretion and without notice to You. Brentiv is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Brentiv strongly recommends that You seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.
If You install or enable a Third Party Service for use with the Service, You grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Service, and any exchange of data or other interaction between You and the Third Party Provider is solely between You and such Third Party Provider. Brentiv is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages You may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
Under no circumstances shall Brentiv be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if Brentiv has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Brentiv partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
12. DMCA Notice and Takedown Procedure
Brentiv supports the protection of intellectual property and asks Brentiv users to do the same. It's our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our users is infringing their intellectual property rights, they can send us a DMCA Notice by emailing firstname.lastname@example.org. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the user can reply with a counter notification by emailing email@example.com if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the user from engaging in the infringing activity, otherwise we restore the material.
13. Privacy & Data Protection
Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, Brentiv’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.