Terms of Service
Welcome to Braid!
These Braid Service Terms (these “Terms”) explain the relationship between Braid, Inc. (“Braid”, “we” or “us”) and you when you (i) access and use Braid.com and its related domains (together, the “Site”) and/or (ii) download, install, use and in some cases purchase Braid’s proprietary email software applications (including all related documentation, updates and upgrades) and any other services offered through the Site (the “Braid Services”).
These Terms govern visitors’ access to and use of the public areas of the Site, as well as access to and use of the Braid Services. Unless otherwise indicated, “Braid Services” as used throughout these Terms includes the public areas and the Braid Services. For the purposes of these Terms, “you” or “your” refers to you as a visitor to or registered user of the Braid Services.
IF YOU ARE USING THE BRAID SERVICES ON BEHALF OF YOUR EMPLOYER, YOUR ACCEPTANCE OF THESE TERMS IS DEEMED AN AGREEMENT BETWEEN YOUR EMPLOYER AND BRAID AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THESE TERMS.
License Grant. The Braid Services are owned by Braid and are licensed, not sold, to you. Braid grants to you a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access and use the Site and to access, download, install and use the Braid Services subject to the limitations set forth in these Terms, any relevant purchase order or ordering document related to the Braid Services (“Order Form”) and any and all other terms and policies set forth in the Braid Services. You acknowledge that the source code for the Braid Services and other trade secrets embodied in the Braid Services have not been and will not be licensed or otherwise disclosed to you. All rights not expressly granted herein are reserved by Braid.
Use of Braid Services.
Registration: Unless you are visiting only the public areas of the Site, you are required to register and create an account to use the Braid Services (“Account”). You agree that you will maintain and update your registration and account information to ensure it is current, complete and accurate and that we have the right to terminate your Account and use of the Braid Service if you provide untrue, incomplete or inaccurate information.
Your Responsibilities: You are responsible for providing the equipment and services that you need to access, download, install and use the Braid Services. Braid does not guarantee that the Braid Services are accessible on any particular equipment or device or with any particular software or service plan.
You are responsible for all activities that occur through your Account, whether or not authorized by you. Please do not share your Account with any other person.
You will use the Braid Services only for your internal business purposes and in accordance with applicable laws, rules and regulations. You are responsible for all of your activities that occur within, through or as a result of your use of the Braid Services. You agree that you will not use the Braid Services for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third party privacy or other rights. You agree that you will not use the Braid Services if you are under the age of majority in your place of residence or otherwise not fully able and competent to agree to these Terms.
If you use the Braid Services on your mobile device, you are solely responsible for all message and data fees charged by your wireless service provider. Please contact your mobile service provider for pricing plans and details. Braid is not liable for any delays, interruptions or other transmission errors related to your device, service or wireless service provider.
Except as specifically permitted in these Terms or expressly authorized in writing by Braid, you agree that you will not directly or indirectly: (a) distribute, sell, assign, encumber, transfer, rent, lease, sublicense, modify or time-share the Braid Services; (b) use any of the Braid Services in any service bureau arrangement; (c) reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify any of the Braid Services; or (d) permit any third party to engage in any of the acts described in clauses (a) through (c).
You are not permitted to: (w) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in any of the Braid Services; (x) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any of the Braid Services; (y) use any means to discover the source code of the Braid Services or to discover the trade secrets in the Braid Services; or (z) otherwise circumvent any functionality that controls access to or otherwise protects the Braid Services.
You are responsible for complying with all laws, rules and regulations (including those relating to internet, data and email privacy) that apply to your use of the Braid Services.
Our Responsibilities: Braid is responsible for providing the Braid Services in accordance with these Terms and all applicable laws, rules and regulations.
We will maintain commercially reasonable administrative, physical and technical safeguards intended to protect the security, confidentiality and integrity of information that you provide to or through the Braid Services (including Your Content as defined in Section 3 below).
Braid reserves the right but is not obligated to improve, enhance or modify the Braid Services. We will notify you in advance of changes to the Braid Services that may significantly adversely affect the manner in which you use the Braid Services or the manner in which the Braid Services perform.
Braid is not responsible for the content of Other Services or for losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees (“Claims”) arising from your use of content, information, web sites, Software, services and other materials of third parties with which you may interact when you use the Braid Services (collectively, “Other Services”). YOU ACCESS OTHER SERVICES ENTIRELY AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH TERMS AND CONDITIONS APPLICABLE TO YOUR ACCESS AND USE OF OTHER SERVICES.
Availability: We use commercially reasonable efforts to make the Braid Services available to you 24 hours per day, seven (7) days per week, excluding scheduled maintenance time, unavailability caused by you or any software, hardware or service not provided by us, unscheduled downtime and/or any cause beyond our reasonable control (including without limitation nature disasters, wars, terrorist act, civil disturbances, acts of any government or agency thereof, strikes or other labor problems, Internet service or other third party service providers’ failures or delays and systemic electrical, telecommunications or other utility outages or failures).
Limitations: Braid Services are subject to other limitations, such as limits on the amount of email tracking, as specified within the Braid Services or the applicable Order Form(s).
Your Content. The Braid Services allow you to upload, transmit and use information and other content to and through the Braid Services (collectively, “Your Content”). You are solely responsible for the accuracy, quality, legality and means by which you acquired Your Content. You understand that Braid will use Your Content to provide the Braid Services to you. You have or will obtain all rights necessary to provide Your Content to Braid and you hereby grant Braid a worldwide license to use, reproduce, transmit, display and adapt your Content as necessary for Braid to provide the Braid Services to you in accordance with these Terms.
We encourage you to carefully consider disclosure of any information that might be accessible to others. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Braid Services.
Paid Braid Service. Braid may offer enhanced Braid Services for a fee (“Paid Braid Service”). The Paid Braid Service provides you with unlimited email tracking for a monthly fee at the then-current rates as described at braidhq.com/pricing (“Fee Schedule”). Braid reserves the right to change the Fee Schedule upon thirty (30) days advanced notice to paying customers.
Braid does not store, process or transmit any of your credit card data but relies entirely on Stripe, Inc. to handle these functions. Payments due for the Paid Braid Services are subject to the terms of the online order process at https://stripe.com/terms/US. If you do not agree to Stripe’s terms, then please do not sign up for the Paid Braid Service.
Your Paid Braid Service will not be activated until your first payment is received. Payments are due in accordance with the Fee Schedule every thirty (30) days in advance. Monthly fees are automatically charged to the credit card that you provided when you registered for the Paid Braid Service. To cancel the Paid Braid Service, please email us at [email protected] We begin to process cancellation requests immediately, but your credit card provider may require several days to process your cancellation request. We are not responsible for delays caused by your credit card company.
If payment in full of any amount owed to Braid under these Terms is not received by Braid within thirty (30) days after such payment has become due, such amounts will thereafter bear interest at the rate 0.05% per day or the maximum rate permitted by applicable law, whichever is less. If any payment due Braid is collected at law or through an attorney at law or under advice therefrom or through a collection agency, you agree to pay all costs of collection, including, without limitation, all court costs and reasonable attorneys’ fees.
Warranties. We warrant that we have validly entered into these Terms and have the legal power to do so. You warrant that (i) you have validly entered into these Terms and have the legal power to do so and (ii) you have all necessary rights, licenses, consents and permissions to use Your Content with the Braid Services.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, YOU ACKNOWLEDGE THAT THE Braid SERVICES ARE SUPPLIED TO YOU ON AN “AS IS” BASIS AND THAT USE OF THE BRAID SERVICES IS AT YOUR SOLE RISK. BRAID HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE BRAID SERVICES AND THE USE, PERFORMANCE, OPERATION AND SUPPORT THEREOF, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT, ACCURACY, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. BRAID DOES NOT WARRANT THAT (A) THE Braid SERVICES WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF THE BRAID SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (C) THAT THE BRAID SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATIONS OR ANY PARTICULAR SYSTEMS OR DEVICES, (D) DEFECTS IN THE BRAID SERVICES WILL BE CORRECTED OR (E) THAT THE BRAID SERVICES WILL BE AVAILABLE FOR REINSTALLS ON THE SAME OR MULTIPLE DEVICES. ANY ORAL OR WRITTEN ADVICE PROVIDED BY BRAID OR ITS AUTHORIZED AGENTS WILL NOT BE DEEMED TO CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability. BRAID’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THE DELIVERY, USE OR PERFORMANCE OF THE Braid SERVICES OR THESE TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) WILL NOT EXCEED THE AMOUNT PAID BY YOU HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT; PROVIDED THAT IN NO EVENT SHALL Braid’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER. THE FOREGOING LIMITATION WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS.
IN NO EVENT WILL Braid BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE Braid SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF BRAID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING DISCLAIMER OF LIABILITY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms of these Terms and that Braid would not be willing to grant you the rights set forth in these Terms but for your agreement to these limitations of liability.
Ownership. The Braid Services, including the “look and feel” (e.g., text, graphics, images, logos), content and other material, are protected under copyright, trademark and other laws. You acknowledge and agree that Braid owns all right, title and interest in and to the Braid Services (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of Braid’s copyrights, patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms. Any and all (a) suggestions for correction, change and modification to the Braid Services, evaluation data, evaluations and other feedback (including but not limited to quotations of written or oral feedback, information and reports provided to Braid by you (collectively, “Feedback”)), and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by Braid or otherwise relating to the Braid Services (collectively, “Revisions”), are and will remain the property of Braid. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Braid Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Braid and Braid may use and disclose Feedback and Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Braid any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property rights) that you may have in and to any and all Feedback and Revisions. Upon request by Braid, you will execute any document, registration or filing required to give effect to the foregoing assignment.
Indemnification. You agree to indemnify and defend Braid and its affiliates, directors, officers, employees and agents from and against all Claims brought against Braid by any third party arising from your use of the Braid Services or any violation of these Terms, the rights of a third party or applicable law. Your indemnification obligations set forth in this Section 8 apply to any applicable actions taken under your Account. Braid reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects the rights or obligations of Braid may be made without Braid’s prior written approval.
Modifications to Terms. We may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Braid Services after the “Last Revised” date at the top of this page. Your continued access or use of the Braid Services after the modifications become effective is deemed your conclusive acceptance of the modified Terms.
Termination. These Terms will automatically terminate when you fail to comply with any term or condition of these Terms. Upon termination, you will cease all use of the Braid Services and will destroy any copy (full or partial) of any and all parts of the Braid Services in your possession or control. Termination will not limit any of Braid’s other rights or remedies at law or in equity. This Section 11 along with Sections 6, 7, 8 and 15 will survive any termination or expiration of these Terms.
Export Laws. You agree that you will not export or re-export, directly or indirectly, the Braid Services and/or other information or materials provided by Braid hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. You are responsible for and hereby agree to comply at your sole expense, with all applicable United States export laws and regulations.
U.S. Government Restricted Rights. The Braid Services are “commercial computer software” and “commercial computer software documentation” as such terms are used in United States Federal Acquisition Regulations Section 12.212. Any use, duplication or disclosure of the Braid Services by or on behalf of the U.S. Government is subject to restrictions as set forth in these Terms.
Taxes. You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms or the Braid Services by any authority.
Remedies. You agree that a breach or a threatened breach of these Terms will cause injury to Braid for which money damages will not provide an adequate remedy and Braid will be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
Notice to California Residents. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
The provider of the website is:
156 Second Street
San Francisco, CA 94105
To file a complaint regarding the website or to receive further information regarding use of the website, send a letter to the above address or contact Braid via e-mail (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
Additional Terms Applicable to Braid iOS Application. Please note that in the event that you have purchased an auto-renewing subscription through the Braid iOS application then the payment will be charged to your iTunes Account at the confirmation of your purchase. Importantly, your subscription will auto-renew monthly at Braid’s then current rates per account per month. The auto-renewals will occur unless auto-renew is turned off at least 24-hours before the end of the current renewal period. Your account will be charged for the renewal and identify the cost of the renewal within 24-hours prior to the end of the current period. You may manage your subscription and turn off auto-renewal by going to your Account Settings after purchase. No cancellation of your current subscription is allowed during the active subscription period.
Please direct questions regarding these Terms to our support team by submitting a request to [email protected] with the subject of “Terms of Service”.
1721 Broadway, Suite 201
Oakland, CA 94612