These Terms of Service contain the terms and conditions that govern all use of our Platform (as defined below) and Services (as defined below) and all content, services and/or products available on or through the Platform (collectively, the “Brand and Beyond Services”).
The Brand and Beyond Services are offered to you subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies, the Guidelines (as defined below) and any future modifications thereof, and procedures that may be published from time to time on the Platform or made available to you on or through the Brand and Beyond Services (collectively, the “Terms”). When accepted by you (as defined below), these Terms form a legally binding contract between you and Supplier (as defined below). If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind that entity.
Supplier may, in its sole discretion, elect to suspend or terminate access to, or use of the Brand and Beyond Services to anyone who violates these Terms.
If you register for a free trial of the Brand and Beyond Services, the applicable provisions of these Terms will govern that free trial.
“Account” means the manner in which to access and use the Brand and Beyond Services;
“Content” means any data and information available through the Brand and Beyond Services or contained within the structure of the Platform or Site;
“Brand and Beyond Services” also called “Service” means the Web Site, System, Content, Platform, and all content, services, and/or products available on or through the Platform;
“Fee” means the regular payment for using the activated Account;
“Free Trial” means the temporary access for the purposes of trying out the Site and Platform in accordance with any selected Plan without paying a Fee;
“Materials” means the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, organization, compilation of content, data, and all other elements of the Brand and Beyond Services;
“User” means a user of Brand and Beyond;
“User Data” means personal data, reports, analytics, and addresses, that a User of the Service stores within or connects to the Service;
“User’s Client Data” means personal data, reports, and addresses, pertaining to a User’s Client that a User of the Service connects to within the Service (ie. when a User connects his/her Client’s Integration account to the User’s Brand and Beyond account);
“Personal Data” means any information relating to an identified or identifiable natural person;
“Plan” means the various criteria related to the use and functionality of the Brand and Beyond Services on which the Fee is based;
“Platform” means the area of the Service that can be accessed only by Users, and where access requires logging in;
“Supplier” means Brand and Beyond, and entity of Moment Zéro Inc., a corporation having its principal place of business at 1255 Boulevard Lebourgneuf #550, Québec City, QC, G2K 2E4;
“Visitor” means an individual other than a User, who uses the public area, but has no access to the Platform;
“Web Site” means the compilation of all web documents (including images, php and html files) made available via https://brandandbeyond.in/ or its sub domains or domains with identical names under other top domains owned by Supplier.
The use of the Brand and Beyond Services is subject to acceptance of these Terms. To accept these Terms for itself, a person must have the legal capacity to do so. In the case of an individual, (s)he/it must be 13 years of age to use this Service. For citizens of the European Union, the minimum age to use this service is 16. In the case of a legal entity, the entity must be duly incorporated and in good standing.
The Terms are accepted as soon as one of the following occurs first:
(i) the person has received the confirmation of the creation of the Account and necessary credentials from Supplier in order to log in to his/her/its Account;or
(ii) for those Brand and Beyond Services and parts of the Web Site the use of which is not dependent on creating an Account, upon the moment of gaining access to such services.
Once accepted, these Terms remain effective until terminated as provided for herein.
Supplier reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time by posting such changes on or through the Platform or the Brand and Beyond Services. Please check these Terms periodically for changes. Your continued use of the Brand and Beyond Services after such changes have been posted as provided above constitutes your binding acceptance of such changes. Such amended Terms will automatically be effective upon the earlier of:
(i) your continued use of the Brand and Beyond Services; or
(ii) 30 days from posting of such modified Terms on or through the Platform. Notwithstanding the foregoing, the resolution of any dispute that arises between you and Supplier will be governed by the Terms in effect at the time such dispute arose.
(i) make the Brand and Beyond Services and User Data and User’s Client Data available to a User pursuant to these Terms;
(ii) provide applicable standard support for the Brand and Beyond Services to User at no additional charge;(iii) use commercially reasonable efforts to make the Brand and Beyond Services available 24 hours a day, 7 days a week, except for:
(a) planned downtime (of which Supplier shall give advance electronic notice); and
(b) any unavailability caused by circumstances beyond Supplier’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider failure or delay, or denial of service attack.
4.1 Establishing an Account. Many features, functions, or elements of the Brand and Beyond Services can be used only by holders of an Account. The person who wishes to create an Account must:
(i) complete the sign-up form on the Web Site;
(ii) accept these Terms; and
(iii) click “Create Your Account”.
A User may be associated with multiple Accounts. Deleting a User from one Account will not remove the User from the Platform if he/she is connected to multiple Accounts.
Any User associated with an Account must provide Supplier with true, accurate, current, and complete information about the User and Account and keep it up to date.
4.2 Fees. The use of an Account is subject to a Fee. Upon sign-up for an Account, the User must select a Plan. Different rates apply to different Plans. The applicable Fee is charged in advance on monthly or annual payment intervals, unless agreed otherwise between parties. All Fees are non-refundable, i.e. there are no refunds or credits for periods where the User did not use an activated Account, used it only partially, or deactivated the Account or terminated these Terms during an ongoing payment interval. If, after signing up, User elects to upgrade to a more expensive Plan, the unused portion of any prepaid Fees shall be applied to the Fee of the more expensive Plan.
Payment for regular custom work, such as white label dashboard designs and custom URLs, will be processed automatically on client’s credit card as soon as client confirms order, before development begins.
4.3 Changing Plans. Any User has the right to upgrade or downgrade a current Plan at any time by selecting a new Plan among the collection of Plans determined by the Supplier. In such an event, the Client’s credit card on file with the Supplier will automatically be charged with a Fee for the next payment interval with the rate stipulated in the new Plan.
4.4 Free Trial. A new User may be entitled to a Free Trial of a duration of 15 days, if the parties have not agreed otherwise. The User is not required to provide any credit card information during the period of Free Trial. If the period of Free Trial has expired, the Account will be automatically deactivated. In order to prevent deactivation or to reactivate the Account, the User is required to select a suitable Plan and pay the first Fee.
4.5 Termination of Account. Client may terminate his/her/its Account at any time. There are two definitions of Account termination available:
(i) Account Cancellation is available in the “Your Account > Plan & Billing” section of the Platform. Once cancellation is confirmed by Supplier, Cancellation will come into effect at the beginning of the next payment cycle, as stipulated in User’s Plan. It is important to note that an Account Cancellation does not remove all data from Supplier servers.
(ii) Account Deletion is available by contacting Supplier at email@example.com. Upon Account Deletion confirmation, all User Data and User’s Client Data will be permanently deleted from the Service within 30 days of the effective date of termination. This information cannot be recovered.
A valid credit card is required for paying Account Fees.
6.1 Brand and Beyond’ Intellectual Property Rights in the Brand and Beyond Services.
The Brand and Beyond Services, Materials, Brand and Beyond brand name and product name, and any parts or elements thereof are solely and exclusively owned and operated by Supplier. Materials are protected by copyright and patent laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws. Supplier, its affiliates and licensors retain all rights, title and interest in such Brand and Beyond Services, Materials, Brand and Beyond brand name and product name, and any parts or elements. Your use of the Brand and Beyond Services and Materials, and any parts or elements does not grant to you any ownership rights or intellectual property rights therein. Supplier reserves all rights to the Brand and Beyond Services, Materials and Brand and Beyond brand name and product name not expressly granted in the Terms.
6.2 User Data.
(i) Supplier may use User Data in an aggregated or anonymized format for research, educational and other similar purposes. Supplier may not otherwise use or display User Data without User’s written consent. Supplier respects your right to exclusive ownership of your User Data. Unless specifically permitted by you, your use of the Brand and Beyond Services does not grant Supplier the license to use, reproduce, adapt, modify, publish or distribute the User Data created by you or stored in your Account for Supplier’s commercial, marketing or any similar purpose. User expressly grants Supplier the right to use and analyze aggregate system activity data associated with use of the Brand and Beyond Services by User for the purposes of optimizing, improving or enhancing the way the Brand and Beyond Services operate, and to create new features and functionality in connection with the Brand and Beyond Services in the sole discretion of Supplier.
(ii) User is solely responsible for its own User Data and User’s Client Data and the consequences of including them on or through the Brand and Beyond Service. In connection with User’s Client Data, User affirms, represents, and warrants that User either owns its User’s Client Data or has the necessary licenses, rights, consents, and permissions to use and authorize the Suppliers to display or otherwise use the User’s Client Data under all patent, trademark, copyright, trade secrets, or other proprietary rights in and to your User’s Client Data in a manner consistent with the intended features of the Brand and Beyond Services and these Terms.
These Terms will be interpreted in accordance with the laws applicable in the province of Quebec (Canada), without regard to its conflict-of-law provisions. You and we hereby agree, for any claim or lawsuit resulting from any reason whatsoever in relation with these Terms or the Brand and Beyond Services, to attorn to the judicial district of Quebec, province of Quebec, Canada, as the appropriate location for the hearing of said claim or lawsuit and excluding any other judicial district of Quebec or elsewhere which might have jurisdiction with respect to any such matter.
Unless otherwise expressly stated by Supplier, the Brand and Beyond Services, material, and any content, services, or features made available in conjunction with or through the Brand and Beyond services are provided “as is” and “as available” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Supplier and its affiliates disclaim all warranties, statutory, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of proprietary rights, correctness, accuracy, and reliability.
By visiting the Site, or by purchasing or using the Service, you accept the privacy practices described in this Policy.
This Policy is incorporated into, and is subject to, the Brand and Beyond Terms of Service. Capitalized terms used but not defined in this Policy have the meaning given to them in the Brand and Beyond’ Terms of Service.
We collect different types of information from or through the Service. The legal bases for Brand and Beyond’ processing of personal data are primarily that the processing is necessary for providing the Service in accordance with Brand and Beyond’ Terms of Service and that the processing is carried out in Brand and Beyond’ legitimate interests, which are further explained in the section “How We Use the Information We Collect” of this Policy. We may also process data upon your consent, asking for it as appropriate.
1.1 User-provided Information. When you use the Service, as a User or as a Visitor, you may provide, and we may collect Personal Data. Examples of Personal Data include name, email address, mailing address, and credit card or other billing information. Personal Data also includes other information, such as geographic area or preferences, when any such information is linked to information that identifies a specific individual. You may provide us with Personal Data in various ways on the Service. For example, when you register for an Account, use the Service, interact with other users of the Service through communication or messaging capabilities, or send us customer service-related requests.
1.2 Information Collected by Users. A User may connect User’s Client Data into the Service. Brand and Beyond has no direct relationship with the individuals whose Personal Data it hosts as part of User’s Client Data. Each User is responsible for providing notice to its Clients and third persons concerning the purpose for which Users collects their Personal Data and how this Personal Data is processed in or through the Service as part of User’s Client Data.
1.3 “Automatically Collected" Information. When a User or Visitor uses the Service, we may automatically record certain information from the User’s or Visitor’s device by using various types of technology, including cookies, “clear gifs" or “web beacons.” This “automatically collected" information may include IP address or other device address or ID, web browser and/or device type, the web pages or sites visited just before or just after using the Service, the pages or other content the User or Visitor views or interacts with on the Service, and the dates and times of the visit, access, or use of the Service. We also may use these technologies to collect information regarding a Visitor or User’s interaction with email messages, such as whether the Visitor or User opens, clicks on, or forwards a message. This information is gathered from all Users and Visitors.
1.4 Information from Other Sources. We may obtain information, including Personal Data, from third parties and sources other than the Service, such as our partners, advertisers, credit rating agencies, and Integrated Services. If we combine or associate information from other sources with Personal Data that we collect through the Service, we will treat the combined information as Personal Data in accordance with this Policy.
We use the information we collect in a variety of ways in providing the Service and operating our business, including the following:
2.1 Operations. We use the information to operate, maintain, enhance and provide all features of the Service, to provide the services and information that you request, to respond to comments and questions and to provide support to users of the Service.
2.2 Improvements. We use the information - other than User’s Client Data - to understand and analyze the usage trends and preferences of our Visitors and Users, to improve the Service, and to develop new products, services, features, and functionality.
2.3 Communications. We may use a Visitor’s or User’s email address or other information – other than User’s Client Data – to contact that Visitor or User
(i) administrative purposes such as customer service, to address intellectual property infringement, right of privacy violations or defamation issues related to the User’s Client Data or Personal Data posted on the Service; and
(ii) updates on promotions and events, relating to products and services offered by us and by third parties we work with. You have the ability to opt-out of receiving any promotional communications as described below under “Your Choices.”
2.4 Cookies and Tracking TechnologiesWe use automatically collected information and other information collected on the Service through cookies and similar technologies to:
(i) personalize our Service, such as remembering a User’s or Visitor’s information so that the User or Visitor will not have to re-enter it during a visit or on subsequent visits;
(ii) provide customized advertisements, content, and information;
(iii) monitor and analyze the effectiveness of Service and third-party marketing activities;
(iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and
(v) track your entries, submissions, and status in any promotions or other activities on the Service.
You can obtain more information about cookies by visiting http://www.allaboutcookies.org. You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.
(i) Google Privacy and Data Sharing;
(iii)Intercom Terms & Policies;
(vi)Facebook Privacy & Consent .
We take measures to protect the technical information collected by our use of these systems. The data collected will only be used on a need to know basis to resolve technical issues, administer the Site and identify visitor preferences.
Except as described in this Policy, we do not disclose the Personal Data of a User or User’s Client Data that we collect or store on the Service to third parties without the consent of the applicable Visitor or User. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:
3.1 Unrestricted Information. Any information that you voluntarily choose to include in a Public Area of the Service, such as a public profile page, will be available to any Visitor or User who has access to that content.
3.2 Service ProvidersWe work with third party service providers who provide website, application development, hosting, maintenance, and other services for us. These third parties may have access to, or process Personal Data or User’s Client Data as part of providing those services for us. We limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and our contracts with them require them to maintain the confidentiality of such information.
3.3 Law Enforcement, Legal Process, and ComplianceWe may disclose Personal Data or other information if required to do so by law or in the good-faith belief that such action is necessary to comply with applicable laws, in response to a facially valid court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
We also reserve the right to disclose Personal Data or other information that we believe, in good faith, is appropriate or necessary to:
(i) take precautions against liability; (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity; (iii) investigate and defend ourselves against any third-party claims or allegations; (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available; or (v) protect our property or other legal rights, enforce our contracts, or protect the rights, property, or safety of others.
4.1 Access, Correction, DeletionWe respect your privacy rights and provide you with reasonable access to the Personal Data that you may have provided through your use of the Services. If you wish to access or amend any other Personal Data we hold about you, or to request that we delete or transfer any information about you, you may contact us at firstname.lastname@example.org. At your request, we will have any reference to you deleted or blocked in our database.
You may update, correct, or cancel your Account information and preferences at any time by accessing your Account settings page in the upper-right hand corner of the Platform. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
You may decline to share certain Personal Data with us, in which case we may not be able to provide to you some of the features and functionality of the Service.
4.2 Navigation InformationYou may opt out from the collection of navigation information about your visit to the Site by Google Analytics by using the Google Analytics Opt-out feature.
4.3 Opting out from Commercial CommunicationsIf you receive commercial emails from us, you may unsubscribe at any time by following the instructions contained within the email or by sending an email to email@example.com.
Users are able to view and modify settings relating to the promotional communications that they receive from us by accessing the “Mailing List Subscription” tab in the Account settings section of the Platform.
Please be aware that if you opt-out of receiving commercial emails from us or otherwise modify the nature or frequency of promotional communications you receive from us, you will continue to receive administrative messages from us regarding the Service.
Brand and Beyond has no direct relationship with the User’s Clients or third party whose Personal Data it may process on behalf of a User. An individual who seeks access, or who seeks to correct, amend, delete inaccurate data or withdraw consent for further contact should direct his or her query to the User they deal with directly. If the User requests Brand and Beyond remove the data, we will respond to its request within thirty (30) days. We will delete, amend, or block access to any Personal Data that we are storing or connecting to only if we receive a written request to do so from the User who is responsible for such Personal Data, unless we have a legal right to retain such Personal Data. We reserve the right to retain a copy of such data for archiving purposes, or to defend our rights in litigation.
The Service may contain features or links to web sites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.
We maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Personal Data. This includes, for example, firewalls, password protection, and other access and authentication controls. We use SSL technology to encrypt data during transmission through public internet. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Personal Data by our personnel except:
(i) to provide the Brand and Beyond Services and prevent or address service or technical problems; (ii) as compelled by law; or (iii) as a User expressly permits in writing.
If you believe your Personal Data has been compromised, please contact us at firstname.lastname@example.org
If we learn of a security systems breach, we will inform you and the authorities of the occurrence of the breach in accordance with applicable law.
6.1 Personal Data collection and storagePersonal Data is collected and stored at the following times/places, and for the following purposes:
(i) User’s email addressCollected when Account is first established with User. This Data serves as User’s account sign-in access, and allows us to communicate with you regarding your Account. This Data is stored on Brand and Beyond’ Microsoft Azure SQL server.
(iii) User’s first and last nameCollected at the User’s discretion. This Data can be shared by the user in the Profile section of the Platform. It is optional, but can be used to enhance the experience and communications with the Brand and Beyond Service. This Data is stored on Brand and Beyond’ Microsoft Azure SQL server.
6.2 User Data and User’s Client Data collection and storageWe store aggregate User Data. This is to increase the Services’ performance only, in order to prevent the Platform from calling third-party platform APIs every time a User views or edits a dashboard. User Data connected from third-party platforms is usually read-only; therefore, there is no way we can add, update, or delete it. In a case where third-party platforms grant edit capabilities to the Service, we do not edit, update, or delete User Data account information under any circumstance
User Data and User’s Client Data is stored in the following places in order to provide the Brand and Beyond Services and prevent or address service or technical problems:
(i) Microsoft Azure SQL Server (ii) Microsoft Azure Storage Account (iii) Microsoft Azure Cosmos Database (iv) Microsoft Azure Redis (v) Auth0 (vi) Google Recaptcha (vii) Sendgrid
For more information or to address any concerns, please contact email@example.com
We only retain the Personal Data collected from a User for as long as the User’s account is active or otherwise for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law. We will retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements as follows:
(i) the contents of closed (cancelled) accounts are stored indefinitely, unless a Delete is requested by User; (ii) backups and billing information are kept indefinitely, unless a Delete is requested by User.
The Service is hosted in Canada, the United States, or the EU. Regardless of the hosting, if you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from Canadian law, then please note that you may be transferring your User’s Client Data and Personal Data outside of those regions for storage and processing by our service providers listed in the Brand and Beyond Terms of Service. We will comply with GDPR requirements providing adequate protection for the transfer of personal information from Europe to the U.S. or Canada. Also, we may transfer your data to the U.S., the EEA, or other countries or regions deemed by the European Commission to provide adequate protection of personal data in connection with storage and processing of data, fulfilling your requests, and operating the Service.
Brand and Beyond does not own, control or direct the use of any of the User’s Client Data stored or processed by a User via the Service. Only the Users are entitled to access, retrieve, and direct the use of such User’s Client Data. Brand and Beyond is largely unaware of what User’s Client Data is actually being stored or made available by a User to the Service and does not directly access such User’s Client Data except as authorized by the User, or as necessary to provide Services to the User.
Because Brand and Beyond does not collect or determine the use of any Personal Data contained in the User’s Client Data, and because it does not determine the purposes for which such Personal Data is collected, the means of collecting such Personal Data, or the uses of such Personal Data, Brand and Beyond is not acting in the capacity of data controller in terms of the European Union’s General Data Protection Regulation (Regulation (EU) 2016/679, hereinafter “GDPR”) and does not have the associated responsibilities under the GDPR.
Brand and Beyond should be considered only as a processor on behalf of its Users with regards to any User’s Client Data containing Personal Data that is subject to the requirements of the GDPR.
The User is the data controller under the Regulation for any User’s Client Data containing Personal Data, meaning that such party controls the manner such Personal Data is collected and used as well as the determination of the purposes and means of the processing of such Personal Data.
Brand and Beyond is not responsible for the content of the Personal Data contained in the User’s Client Data or other information stored on its servers (or its subcontractors’ servers) at the discretion of the User, nor is Brand and Beyond responsible for the manner in which the User collects, handles disclosure, distributes, or otherwise processes such information.
Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the Service, and indicate the date of the latest revision, and will comply with applicable law. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy.