These terms and conditions outline the rules and regulations for the use of Braudit Limited’s ("Braudit", "we", "us" or "our") website/web app located at www.braudit.app. By creating an account to access or use our apps, platforms or services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our platforms or services.

Our Application, Software, Website, Services, and all content provided within them, collectively referred to as the "Company Properties," are safeguarded by copyright laws worldwide. Under these Terms, we grant you a limited licence to reproduce parts of the Company Properties solely for your personal or internal business use. Unless otherwise stated in a separate licence by us, your use of any Company Properties is bound by these Terms.

You understand that the Company Properties are evolving. You agree that we may update the Company Properties with or without prior notification. It may be required to update third-party software periodically to ensure compatibility with the Company.

The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Company Properties or any portion of the Company Properties, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Company Properties (including images, text, page layout or form) of the Company; (c) you shall not use any metatags or other “hidden text” using Company’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Company Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access the Company Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Company Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Company Properties. Any future release, update or other addition to the Company Properties shall be subject to the Terms. The Company, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorised use of the Company Properties terminates the licences granted by the Company pursuant to the Terms. Further restrictions are provided in the “Prohibited Uses” section of this “Terms”

You may access materials hosted by third parties as part of the Company Properties. You understand that we cannot monitor such materials and you access them at your own risk.

To access our services, you must register an account on our website/web app. You must provide accurate and complete information that you will keep up to date when registering, and you are solely responsible for maintaining the confidentiality of your account information. You agree to notify us immediately of any unauthorised use of your account or any other breach of security.

To be eligible for the Website and App you must be at least 13 years old. We reserve the right, in our sole discretion, to accept or reject your registration to use our Website and App. If your registration is accepted, you will be allowed to use our Website and App. Braudit has the right to suspend or terminate your Account and refuse any and all current or future use of the Website and App at any time and for any reason.

If you provide any content on the Website or App (via your Account, or via any of your interactions within the Website or App) that is untrue, inaccurate, not current, or incomplete, or Braudit has reasonable grounds to suspect that any such content is untrue, inaccurate, not current or incomplete, Braudit has the right to suspend or terminate your Account and refuse any and all current or future use of the Website and App.

You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account. You undertake that your login may only be used by you and a login shared by multiple people is not permitted. You agree not to create an Account or use the Website and App if you have been previously removed by Braudit, or if you have been previously banned from the Website and App.

Once you have created an Account and filled out your preferences, you will be able to use the website or app. Braudit has the right to suspend or terminate your Account and refuse any and all current or future use of the Website and App at any time and for any reason.

Necessary Equipment and Software

You're responsible for providing all necessary equipment and software to access the Company Properties. This includes a suitable desktop or laptop and any associated fees, such as Internet connection charges.

Content on our website and web app with the exception of user created content and stock content where used are the property of Braudit and are protected by applicable intellectual property laws. You may only use the content for personal and non-commercial purposes, and you may not copy, reproduce, distribute, or modify any content without the prior written consent of Braudit. You may not hyperlink or deep-link to any content on our website or web app without our prior written consent. You may not use any web scraping tools on our website.

You acknowledge that all content, including company content, is the sole responsibility of the party from whom such content originated. This means that you, and not the Company, are entirely responsible for all Content that you type, upload, post, save, create transmit or otherwise make available through Braudit’s Web App and future platforms (“Your Content”), and other users of Braudit’s platforms, and not the Company, are similarly responsible for all content they make available through Braudit.

No Obligation to Pre-Screen Content

You acknowledge that the Company has no obligation to pre-screen content (including, but not limited to, your content), although the Company reserves the right in its sole discretion to pre-screen, refuse or remove any content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your content, including without limitation chat, text, or voice communications. In the event that the company pre-screens, refuses or removes any Content, you acknowledge that the Company will do so for the Company’s benefit, not yours. Without limiting the foregoing, the Company shall have the right to remove any content that violates the Terms or is otherwise objectionable.

Content Storage

Unless explicitly agreed upon in written form elsewhere, the Company is not obligated to retain any content you share on Braudit’s platforms. We hold no responsibility or liability for the deletion or accuracy of such content, nor for any failures in its storage, transmission, or reception. Additionally, we are not accountable for the security, privacy, storage, or transmission of any communications involving the use of Braudit’s apps/platforms. In the future, we may introduce features allowing you to customise access levels for your content. Should this occur, you will be solely responsible for managing these access levels. We reserve the right to impose reasonable limits on the use and storage of content, including your content, such as file size restrictions, storage space limits, and processing capacity thresholds, as determined by us in our sole discretion and as detailed on our Services' web pages.

Company Properties

With the exception of user-generated/submitted content (your content), you acknowledge that the Company and its suppliers hold all rights, title, and interest in the Company Properties. You agree not to tamper with, modify, or conceal any copyright, trademark, service mark, or other proprietary notices contained within or alongside the Website, the Services, or the Company Properties.

Trademarks

The stylized name of the Company and its associated graphics, logos, service marks, and trade names utilized within or related to the Company Properties or Services are the exclusive trademarks of the Company. Any usage of these trademarks in connection with third-party products or services requires explicit permission. Any other trademarks, service marks, or trade names appearing within the Company Properties belong to their respective owners.

Other Content

Except with respect to Your Content, you have no right to any Content that appears in Company Properties.

Your Content

While the Company does not assert ownership over Your Content, by posting or publishing it within the Company Properties, you affirm that you possess ownership and/or the necessary rights to grant the licence described below.

Licence to Your Content

You provide the Company with a comprehensive, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable licence to utilise, licence, distribute, reproduce, modify, and adapt Your Content (either wholly or partially), as well as to incorporate it into other works, across any present or future form, media, or technology. This licence serves the purpose of operating and delivering the Company Properties to you and our other users. It's important to note that if Your Content comprises a moment entry or page, it remains private to you and is used solely to enhance your experience with Company Properties, such as personalised insights and recommendations but not limited to these. However, please be aware that other users may come across, use, and reproduce any of Your Content that you choose to "publish" outside the Company Properties. By agreeing to this licence, you warrant that any holder of intellectual property rights, including moral rights, in Your Content has relinquished all such rights and has granted you the authority to provide the licence detailed above. You acknowledge that you, not the Company, bear responsibility for all of Your Content that you make available within or through the Company Properties.

Your Account

You recognize and consent to the fact that you do not possess any ownership or property rights in your Account. Furthermore, you acknowledge and agree that all rights related to your Account are and will always be owned by and benefit the Company.

Feedback

By submitting any ideas, suggestions, documents, or proposals to the Company through its suggestion, feedback, wiki, forum, or similar pages ("Feedback"), you acknowledge that you do so at your own risk. The Company holds no obligations, including confidentiality obligations, regarding such Feedback. You affirm that you possess all necessary rights to submit the Feedback. Hereby, you grant the Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and licence to utilise, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit any and all Feedback in any manner. Additionally, you grant the Company the right to sublicense these rights in connection with the operation and maintenance of the Company Properties.

Investigations

The Company retains the discretion to monitor or review the Company Properties and Content, although it is not obligated to do so. This includes the authority to remove any of Your Content at its sole discretion, with or without cause, particularly if such Content violates the Terms or any applicable law. While the Company generally does not actively monitor user activity related to the Company Properties or Content, it reserves the right to investigate any suspected violations of the Terms. Consequently, the Company may, at its sole discretion, terminate your licence to use the Company Properties, or modify, alter, or remove Your Content, either wholly or partially, without prior notice to you.

A. Subscriptions

• Your subscription will continue and automatically renew depending on your selected plan unless and until you cancel your subscription, or your account is otherwise suspended or terminated pursuant to these Terms. When your subscription renews, we will automatically charge your payment method on file for the subscription fee, as well as any applicable tax, on the calendar day corresponding to the commencement of your paying membership. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. We reserve the right to change the timing of our billing, including if your payment method has not successfully settled.
• If you are located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.
• Braudit collects all fees through secure third-party payment processors. Our third-party payment processors accept payments through methods detailed on the applicable payment screen, which may include various debit/credit cards and PayPal. Such payment methods are subject to change. Information that you supply to our payment processors is not stored by us or within our control, and is subject to each of our third-party payment processors’ own privacy policies and terms and conditions. Third-party payment processors may charge a fee to process payments and Braudit is not responsible for any fees charged by them. Braudit disclaims all liability with regard to any fees or problems you have with third-party payment processors.
• If you enrol in a Braudit subscription via a gift card, you will not be required to provide a payment method at the time of enrollment and your subscription will end automatically at the conclusion of the subscription period provided by your gift card. If you wish to continue your subscription beyond that period, you will need to enrol in an automatically renewing subscription and provide a method of payment.
• Braudit reserves the right to develop and launch new products or services or make changes to any products or services offered through the Service. If you choose to purchase any additional products or services offered by Braudit, you may be charged additional amounts for such products or services.
• Braudit also reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next billing period following the date of the change. We will give you advance notice of these changes, but we will not be able to notify you of changes in any applicable taxes. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription before the change takes effect.
• Price changes, whether pertaining to subscriptions or other products, may be the result of many factors, including changes in costs related to procuring or producing content or providing services, changes to market conditions or the consumer price index, or changes to applicable tax rates. Should these costs go up, we may increase our prices accordingly. Should these costs go down, we may decrease our prices accordingly.
• You may be offered the opportunity to participate in additional programs, such as a referral program. If you choose to participate in any such program, you will be subject to the terms of those programs, if any.
• Subscription prices may vary by country. This means the price for a subscription in the United Kingdom may be different from what it is in South Africa.

B. Free Trials, Discount Codes and Other Promotions or Sales

• From time to time, we or others on our behalf may offer trials of paid subscriptions to our Braudit membership for a specified period without payment or at a reduced rate (a “Trial”). Braudit reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
• For Trials, we may require you to provide a payment method to start the Trial. At the end of such Trials, we will automatically charge you via that payment method for the applicable paid subscription on the first day following the end of the Trial and on a recurring basis, depending on your chosen plan unless you cancel prior to the end of the free Trial, or before the renewal date, as applicable. By providing your payment details in conjunction with the Trial, you agree to this charge using such payment method. If you do not want this initial charge, or the renewal charge, you must cancel the applicable paid subscription prior to the charge through your subscription settings within your Braudit account profile.
• From time to time, we make discount codes available to specific users or all users. These codes grant you a discount on your subscription plan cost. Discount codes come in many forms as decided by Braudit which could be a general discount code open to all, a discount code for specific users, or any other way as Braudit may determine. Should you have access to a Braudit discount code, you can apply this code on the payment page when you’re completing a transaction. Braudit reserves the right to determine when to create and terminate discount codes as well as award and revoke discount codes. Discount codes must be used as directed by braudit and must not be sold. The sale of any Braudit discount codes is illegal.
• We may also occasionally run time-limited promotions and sales, during which time the cost of subscription may be lower. The subscription price we offer may be different when you are logged into your account compared to the price available to users who aren’t registered or logged in, for example because some of our promotions are available only to new users.

C. Refunds

• Braudit does not offer refunds for any subscription plans. Braudit has no obligation to consider or grant refund requests, including for subscription plans purchased with a 3-day or longer free trial. To the extent permissible under applicable law, you are not entitled to any refund.
• If you purchase a subscription through the Apple iTunes Store, our iPhone application, the Google Play Store, or an Android application, please consult the refund policy associated with the service by which you subscribed.

D. Cancellations

You may cancel your Braudit membership at any time for any or no reason, but if you cancel your membership before the end of the current subscription period, we will not refund any subscription fees already paid to us or charged to your payment method. To cancel your recurring subscription, please visit your membership settings within your account. If you cancel your braudit membership, you will lose access to features that are attached to your membership at the end of your billing period. You will automatically be downgraded to a basic plan at the end of your billing period where you will only be able to access your already created moments within your chapters, create new moments with limitations and your career profile. If you choose to sign back up as a paying member, your billing date will reset to the day you paid. If you pay for your subscription through an account with a third party (e.g., Apple iTunes or GooglePlay), you may have to cancel through that third party.

To use our Company Properties, you must agree to comply with the following:

• You will not upload, share, post, transmit, distribute, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships or that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property right of any party.
• You will not engage in any behaviour that constitutes unauthorised or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.
• You will not upload, share, post, transmit, distribute, or otherwise make available or partake in any behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates applicable law or our rules or policies.
• You will not partake in any behaviour nor upload, share, post, transmit, distribute, or otherwise make available any content that victimises, harasses, degrades, or intimidates an individual or group of individuals, including on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
• You will not impersonate any person or entity, including any of our employees, representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• You will not stalk, harass, or harm another person via use of the Services, including Braudit personnel.
• You will not harvest or otherwise collect information about other users of our Products & Services, including email addresses, without ours and their express written consent.
• You will not interfere with any Braudit owned content.
• You will not remove any copyright, trademark, or other proprietary rights notices contained in or on the Products, Services, Braudit content, or any works other than your own.
• You will not use any robots, spiders, or similar data mining, data gathering, extraction tools, or manual processes to collect, gather, or copy any content or data on or related to the Service in a manner not authorised by Braudit in writing.
• You will not distribute viruses or any other technologies that may harm us or the interests or property of our users, or upload, post, email, transmit, or otherwise make available through the Services any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
• You will not engage in practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorised by Braudit in writing.
• You will not interfere or attempt to interfere with the proper working of the Services or any activities conducted through them, including by bypassing any measures we may use to prevent or restrict access to the Services, or by circumventing or manipulating our payment process.
• You may not frame, mirror, or otherwise simulate the appearance or function of the Services, Braudit content, works, or forge headers, icons, or otherwise manipulate identifiers in order to disguise the origin of any Braudit content transmitted through the Services.
• You may not decompile, disassemble, or otherwise reverse engineer the Services, Braudit content, or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the Services.

The Company Properties may include links to third-party websites ("Third-Party Websites") and advertisements for third parties (collectively referred to as "Third-Party Websites & Ads"). Clicking on a link to a Third-Party Website or Ad will not prompt a warning indicating that you have exited Braudit and are now subject to the terms and conditions (including privacy policies) of another website or destination. These Third-Party Websites are beyond the control of the Company, and therefore, the Company bears no responsibility for them. The Company offers these Third-Party Websites & Ads solely for convenience and does not undertake a review, approval, monitoring, endorsement, warranty, or representation of Third-Party Websites & Ads, or their products or services. Your use of all links within Third-Party Websites & Ads is at your own risk. Upon leaving our Website, our Terms and policies cease to apply. It is advisable to review the applicable terms and policies, including privacy and data collection practices, of any Third-Party Websites, and to conduct any necessary investigation before engaging in transactions with third parties.

We use cookies on our website to provide and improve our services. By using our services, you consent to the use of cookies in accordance with our Privacy Policy.

Through its Company Properties and third-party partners, Braudit gathers and processes data to enhance and manage its current services and products, develop new offerings, and promote its services and products. By using our services and products, you consent to the collection and utilisation of the data you provide for the aforementioned purposes. This data is maintained confidentially, except in situations where Braudit receives a court order to disclose such data linked to your profile, and in accordance with these Terms. Upon creating an account, you acknowledge and agree to the collection of data provided by you while utilising the services or products of the Company.

We reserve the right to request the removal of any link to our website that we consider inappropriate or inconsistent with our values, without notice and for any reason. You agree to promptly comply with any such request and to immediately remove any hyperlink or deep-link to our website upon request.

You agree to indemnify and absolve the Company, its parent companies, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively referred to as the "Company Parties") from any losses, expenses, liabilities, and costs (including reasonable attorneys’ fees) arising from or related to: (a) Your content; (b) your use or inability to use the Braudit apps/platforms; (c) your breach of the Terms; (d) your infringement of any rights of a third party, including other Users; or (e) your violation of any applicable laws, regulations, or rules. The Company retains the right, at its own expense, to assume the exclusive defence and control of any matter for which you are obligated to indemnify, in which case you agree to fully cooperate with the Company in asserting any available defences. You acknowledge that the provisions outlined in this section will remain valid even after the termination of your Account, the Terms, or your access to the Company Properties.

You explicitly acknowledge and agree that, to the extent permitted by applicable law, your utilization of the Company Properties (Braudit apps or platforms) is solely at your own risk, and these properties are provided on an "as is" and "as available" basis, with all faults. The Company Parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement.

The Company Parties make no warranty, representation, or condition that: (1) the Company Properties will meet your requirements; (2) your use of the Company Properties will be uninterrupted, timely, secure, or error-free; (3) the results obtained from using the Company Properties will be accurate or reliable; or (4) any errors in the Company Properties will be corrected.

Any content downloaded from or otherwise accessed through the Company Properties is done at your own risk, and you shall be solely responsible for any damage to your property or person, including, but not limited to, your computer system and any device you use to access the Company Properties, or any other loss resulting from accessing such content.

The services may experience delays, cancellations, and other disruptions. The Company makes no warranty, representation, or condition regarding services, including, but not limited to, the quality, effectiveness, reputation, and other characteristics of services.

No advice or information, whether oral or written, obtained from the Company or through the Company Properties, will create any warranty not expressly stated herein.

Periodically, the Company may introduce new "beta" features or tools for users to experiment with. These features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at the Company’s sole discretion. The provisions of this section apply fully to such features or tools.

No Liability for Conduct of Third Parties

You acknowledge and agree that the Company Parties bear no responsibility, and you agree not to attempt to hold them responsible, for the actions of third parties, including operators of external sites, and that any risk of harm resulting from such third parties is solely your own.

Disclaimer of Certain Damages

You acknowledge and agree that under no circumstances shall the Company Parties be liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the Company Properties. This includes, without limitation, any damages resulting from loss of use, data, or profits, regardless of whether the Company has been advised of the possibility of such damages. Additionally, the Company Parties shall not be liable for any damages for personal or bodily injury or emotional distress arising out of or in connection with the Terms, or from any communications, interactions, or meetings with other users of the Company Properties. This limitation of liability applies to any theory of liability, whether based on warranty, copyright, contract, tort (including negligence), product liability, or any other legal theory, and covers various scenarios such as:

1. The use or inability to use the Company Properties.
2. The cost of procurement of substitute goods or services resulting from any goods, data, information, or services purchased or obtained, or messages received for transactions entered into through the Company Properties.
3. Unauthorised access to or alteration of your transmissions or data.
4. Statements or conduct of any third party on the Company Properties.
5. Any other matter related to the Company Properties.

Cap on Liability

Under no circumstances will the Company Parties be liable to you for an amount exceeding the total received by the Company due to your use of the Company Properties during the subscription period in which you first make a claim. If you haven't made any payments to the Company in the subscription period when you initially assert such a claim, the Company's sole and exclusive liability shall be capped at fifty pounds (£50).

User Content

The Company Parties do not take responsibility for the timeliness, deletion, mis-delivery, or failure to store any content (including, but not limited to, your content) or personalization settings.

The interactions between you and the Company are conducted electronically, whether you visit the Company Properties, send emails to the Company, or receive notices via email or on the Company Properties. For contractual matters, you (1) agree to receive communications from the Company electronically, and (2) acknowledge that all terms, agreements, notices, disclosures, and other communications provided by the Company electronically fulfil any legal obligations as if they were in writing. This does not impact your statutory rights.

You hereby discharge the Company Parties and their successors from any claims, demands, losses, damages, rights, and actions, including personal injuries, death, and property damage, whether directly or indirectly linked to your utilisation of the Company Properties. This includes interactions with other Users or third-party websites, arising in connection with or due to the Terms or your engagement with the Company Properties.

You may not assign, subcontract, delegate, or transfer the Terms, as well as your associated rights and obligations, without prior written consent from the Company. Any attempt to do so in violation of this provision will be deemed invalid.

The Company will not be held responsible for any delay or inability to perform its duties due to circumstances beyond its reasonable control, such as acts of God, war, terrorism, riots, embargoes, government actions, natural disasters, accidents, labour strikes, infrastructure failures or shortages of materials or transportation.

If you believe that the Company has not adhered to the Terms, please contact the Company by emailing us at hello@braudit.app. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

You and the Company both agree that any legal claim arising from or connected to the Terms, the Company Properties, or the Content must be initiated within six (6) months from when the claim first arises. Otherwise, the claim is permanently ineligible for pursuit.

We reserve the right to modify these Terms of Service at any time without prior notice. Any changes will be effective immediately upon posting on our website or apps. Your continued use of our services after any modifications to these Terms of Service will constitute your acceptance of such modifications.

We reserve the right to terminate or suspend your account or access to our services at any time, without notice and for any reason, including but not limited to a breach of these Terms of Service.