Terms and Conditions

Please read this Agreement carefully to ensure you understand each provision.

These Terms of Service ("Terms") govern your use of Brexa Global Private Limited, (hereon referred to as Brexa) web site located at www.brexa.io  and the services that are made available through the Site (collectively, the " brexa Service"). Please read these Terms carefully. By using the Brexa Service, you are stating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the Brexa Service

Arbitration Agreement

his agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.

Your Responsibilities

You agree not to use the Brexa Service to violate any local, state, national, or international law or regulation.

Forms and Submissions

Brexa does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you submit or make available for inclusion on or through the Brexa Service ("Forms and Submissions"). As between Brexa and you, you own all rights to your Forms and Submissions. When you make a Form, Submissions page or a Report "public", you grant Brexa a worldwide and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Forms and Submissions (in whole or in part) in any format or medium now known or later developed. Submissions and Reports will only made public with your permission. Brexa does not pre-screen forms or submissions and you agree that you are solely responsible for all of your Forms and User Submissions.

Downgrades

Downgrading your brexa account plan may cause the loss of features or capacity of your account. To the extent permitted by applicable law, Brexa does not accept any liability for such losses. Even when you cancel or downgrade your subscription, you will not lose any of your forms or your data.

Spam

You agree that Brexa may terminate your service immediately if a form created or brexa is found to be used inside an unsolicited email.

Scams

You agree that you will not use a Brexa service or any form(s) you create using the Brexa for scamming purposes to attract, lure, or illegally obtain payment of any sort from others by unjustifiable means such as posting Brexa as a money-making program on a classified ads site as an example of that. Any account reported or found doing so will be immediately suspended.

Phishing

You agree that brexa may terminate your Brexa Service immediately if a form's purpose is found to be deceptively obtaining, for example: sensitive credit card information, social security numbers, user login credentials, or other sensitive personal information. All these activities are considered as Phishing and any account along with the violating forms will be suspended immediately.

Collecting Sensitive Information

You may not use the Brexa Service to collect certain types of sensitive information, including but not limited to, credit card information and any type of login credentials. You may collect some sensitive information such as social security numbers or driver’s license numbers, but you are required to use best security practices of Brexa including SSL and Encrypted Forms features. You are solely responsible for compliance with any data protection and privacy laws and rules applicable to the sensitive information.

India Data Collection

If you collect personal data in India, you must use the Indian Safe Forms feature of Brexa Service.

Copyright Infringement

brexa respects the intellectual property rights of others. Accordingly, Brexa has a policy of disabling access to any Submission that violates copyright law, suspending access to the Brexa Service to any user who uses the Brexa Service in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Brexa Service in violation of copyright law.

Trademarks

Brexa is a registered trademark of brexa The Brexa logo is a trademark of brexa. You are not authorized to use any such trademarks. Ownership of all such trademarks and the goodwill associated therewith remains with Brexa.

Subscription Charges

The use of an Account is subject to a Fee. Upon sign-up for an Account, the Client 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 (user subscription, voice credits, etc.), i.e. there are no refunds or credits for periods where the Client 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, Client 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. All Fees are exclusive of all taxes, levies or duties applicable under any applicable law, unless stated otherwise stated herein. Client is solely responsible for the payment of such taxes, levies or duties.

Changing the Subscription Plans

Any Client 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 Brexa. In such an event, the Client’s credit card on file with the Brexa will automatically be charged with a Fee for the next payment interval with the rate stipulated in the new Plan. Downgrading of the current Plan may cause the loss of features or capacity of the Account, as well as the loss of Client Data.

Automatic Renewal

Paid accounts are subscriptions. This means that you will be billed in advance on a recurring, periodic basis. Your Brexa subscription will automatically renew at the end of each billing cycle until you cancel your Brexa subscription. You can also cancel by emailing the Brexa Support Team at  support@brexa.us   When you downgrade, your account will remain at your current plan through the end of your current billing cycle. Credit card details. If you have elected to pay the fees for a subscription by credit card, you warrant that the credit card information you provide is correct and you shall promptly notify us of any changes to such credit card information. You agree that if your credit card payment cannot be processed for any reason, Brexa may suspend or cancel your Brexa subscription

Payments

Brexa offers payments through Stripe a third-party payment processor. In order for you to use Stripe payment processing services, you must register with Stripe Connect. The Stripe Privacy Policy is available here:   https://stripe.com/en-in/privacy  By accepting this agreement with Brexa, you agree that you have reviewed the Stripe Connect Terms of Service and Privacy Policy for the country in which you are located and agree to both. If you have questions regarding the Stripe Terms of Service or Privacy Policy, please refer to the Stripe website at www.stripe.com or contact Stripe at https://support.stripe.com/

Billing, Plan Modifications and Payments Subscription Charges

All charges associated with Your Account (’’Subscription Charges’’) are due in full and payable in advance when You subscribe to the Service(s). Unless specified otherwise in a Form, the Subscription Charges are based on the Service Plans You choose and are payable in full until You terminate Your Account. You will receive a receipt upon each receipt of payment by Us. You may also obtain a payment receipt from within the Service(s).

Payment Methods

You may pay the Subscription Charges through Your credit card, or other accepted payment methods as specified in a Form. For credit card payments, Your payment is due immediately upon Your renewal date. You hereby authorize Us or Our authorized agents, as applicable, to bill Your credit card upon Your subscription to the Service(s) (and any renewal thereof). For payments through other accepted methods, Your payment is due within seven (7) days of Our invoice date unless otherwise stated in a Form.

Renewal

Your subscription to the Service(s) will renew automatically for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any Form, the Subscription Charges applicable to Your subscription to the Service(s) for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan to which You have subscribed as of the time such subsequent Subscription Term commences. You acknowledge and agree that, unless You terminate Your Account, Your credit card will be charged automatically for the applicable Subscription Charges. We may use a third party service provider to manage credit card and other payment processing; provided, that such service provider is not permitted to store, retain or use Your payment account information except to process Your credit card and other payment information for Us. You must notify Us of any change in Your credit card or other payment account information, either by updating Your Account or by e-mailing us at support@brexa.ai

Refunds

Unless otherwise specified in these Terms or a Form or a Service Plan, all Subscription Charges are non-refundable. No refunds shall be issued for partial use or non-use of the Service(s) by You.

Late Payments/Non-payment of Subscription Charges, Plans and Add-ons

We will notify You if We do not receive payment towards the Subscription Charges within the due date for Your Account. For payments made through credit cards, We must receive payments due within a maximum of five (5) days from the date of Our notice and for payments through other accepted methods, We must receive payments within a maximum of fifteen (15) days from the date of Our notice. If We do not receive payment within the foregoing time period, in addition to Our right to other remedies available under law, We may (i) charge an interest for late payment @1.5% per month and/or; (ii) suspend Your access to and use of the Service(s) until We receive Your payment towards the Subscription Charges as specified herein and/or; (iii) terminate Your Account as explained in ’’Suspension and Termination’’ section. If Payment is not received in the given time your account will be suspended and deleted and all data will be lost.

Upgrades and Downgrades

You may upgrade or downgrade within a Service Plan or between two Service Plans. You understand that downgrading may cause loss of content, features, or capacity of the Service(s) as available to You before downgrading Your Account. We will not be liable for such loss. When You upgrade, the new Subscription Charges become immediately applicable. Upon upgrade, the new Subscription Charges for the subsisting month would be charged on pro-rated basis and Your credit card will be charged automatically. Subsequent months will be charged in full according to the new Subscription Charges. Upon downgrade, no refunds will be provided. Your account will be auto downgraded from next billing period.

Applicable Taxes

Unless otherwise stated, the Subscription Charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively ’’Taxes’’). You are responsible for paying the Taxes that would be levied against You by government authorities. We will invoice You for such Taxes if We believe We have a legal obligation to do so and You agree to pay such Taxes if so invoiced.

Benefits, Discounts and Offers

Apart from the credits provided to You when You downgrade, We may, at Our sole discretion, offer You certain benefits such as discounts on Subscription Charges, extension in Subscription Term for no extra payments from You, with regard to the Service(s). These benefits are specific to Your Account and the Service(s) identified while offering these benefits. They are not transferable. The benefits may have an expiry date. If they do not have an expiry date, they will expire upon completion of twelve (12) months from their date of offer unless it is specified in the offer itself by Brexa.

Charges for Add-Ons

Some features are offered as add-ons inside Brexa . If you add on a feature that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the add-on is active. Some add-ons are intended for particular use cases and may have additional terms or restrictions (’’Additional Terms.’’) If you use an add-on in a way that violates these Terms or the Additional Terms, then we may terminate your account.

Billing Subscription Changes

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

Suspension And Termination

We shall not be liable to You or any other third party for suspension or termination of Your Account or access to and use the Service(s), if such suspension or termination is in accordance with these Terms.

Suspension and Termination by us

In addition to suspension for late payment or non-payment of Subscription Charges, We may suspend Your access to and use of Your Account or the Service(s) if You are in violation of the Terms. We will notify You of Your activities that violate these Terms and, at Our sole discretion, provide You with a period of fifteen (15) days (’’Cure Period’’) to cure or cease such activities. If You do not cure or cease such activities within said Cure Period or if We believe that Your breach of these Terms cannot be cured, Your Account shall be terminated.

Termination by You

If You pay for Your Account through credit card, You may elect to terminate Your Account at any time by clicking on the Subscription Settings’ link in the ’’Setup’ page when You log in to Our Service(s). If payments for Your Account is made through other accepted payment methods, You may terminate Your Account by writing to support@brexa.ai Immediately by either party: if proceedings are initiated for the other party’s liquidation or insolvency or a negotiated settlement with the other party’s creditors is concluded or an assignment is made on behalf of the other party for the benefit of creditors.

Effect of Terminating Your Account

Data Export

We strongly recommend that You export all Your Data before You terminate Your Account. In any event, following the termination of Your Account either by You or Us or if You do not subscribe to a Service Plan on expiry of Your free trial, Your Data will be retained for a period of 14 days (’’Data Retention Period’’) from such termination or expiry of free trial within which You may contact Us to export Your Data. Beyond this Data Retention Period, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once it is deleted.

Charges

If You terminate Your Account prior to the end of Your then-effective Subscription Term or We effect such termination, in addition to other amounts You may owe Us, You must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term, unless waived by Us in writing. This amount will not be payable by You in the event You terminate Your subscription to the Service(s) or terminate Your Account as a result of a material breach of these Terms by Us, provided that You provide advance notice of such breach to Us and afford Us not less than thirty (30) days to reasonably cure such breach.

Data Privacy and Security; Confidentiality

If You choose, or You are provided with, a user identification code, password or any other piece of information as part of Our security procedures, You must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion, You have failed to comply with any of the provisions of these Terms.

Confidentiality obligations

Each of us will protect the other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each of us protects our own Confidential Information, and in any event, no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, each of us may use the other’s Confidential Information solely to exercise our respective rights and perform our respective obligations under these Terms and shall disclose such Confidential Information solely to those of our respective employees, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information. The provisions of this sub-section shall supersede any non-disclosure agreement by and between You and Us entered prior to these Terms that would purport to address the confidentiality of Your Data and such agreement shall have no further force or effect with respect to Your Data.

Security of Your Data

We will maintain commercially reasonable administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Your Data. These safeguards may include encryption of Your Data in transmission (using SSL or similar technologies) as described further in the Security Policy on Our Websites. You agree that We, and the service providers We utilize to assist in providing the Service(s) to You, shall have the right to access Your Account and to use, modify, reproduce, distribute, display and disclose Your Data solely to the extent necessary to provide the Service(s), including, without limitation, in response to Your support requests. Any third party service providers We utilize will only be given access to Your Account and Your Data as is reasonably necessary to provide the Service(s) and will be subject to confidentiality obligations. Group Companies may also access or disclose information about You, Your Account, Users or End-Customers, including Your Data, in order to (a) comply with the law or respond to lawful requests or legal process; (b) protect Group Companies’ or Our customers’ or partners’ rights or property, including enforcement of these Terms or other policies associated with the Service(s); (c) act on a good faith belief that such disclosure is necessary to protect personal safety or avoid violation of applicable law or regulation. Further, at Our sole discretion, any suspected fraudulent, abusive, or illegal activity by You may be referred to law enforcement authorities.

To the extent We Process any Personal Data on Your behalf in connection with use of the Service(s) by You, Your Users and/or End-Customers, You and We hereby agree that You shall be deemed to be the data controller and We shall be deemed to be the data processor as those terms are understood under the Directive (and any applicable national legislation implementing the Directive). By utilizing the Service(s), You consent, on behalf of You and Your Users and End-Customers (and represent that You have the authority to consent on behalf of Your Users and End-Customers) to the Processing of Your Data, including, without limitation, any Personal Data, within the Group Companies and to other authorized service providers pursuant to these Terms and Our Privacy Policy.

Data collection and privacy: We collect certain information about You as well as Your customers and their respective devices, computers and use of the Service(s). We use, disclose, and protect this information as described in Our Privacy Policy, which is incorporated into these Terms by references.

Modifications To Brexa Service

brexa reserves the right to modify or discontinue the Brexa Service with or without notice to you. Brexa shall not be liable to you or any third party should Brexa exercise its right to modify or discontinue the Brexa Service.

Protection of Client Data

Brexa may use service providers to perform the Services. Brexa will make reasonable efforts to ensure that data transfers to service providers meet requirements applicable to Clients’ processing of data and such data transfers in these Terms for Client’s consideration. By agreeing to these Terms, the Client authorizes the Brexa to engage with service providers for the purposes of performing the Services.

Communication From Us

Apart from the communications specified in Our Privacy Policy, We may contact You directly via e-mail to notify You if

• You are in violation of these Terms
• A specific activity or purpose is prohibited with respect to the Service(s), so that You immediately cease use of the Service(s) for such prohibited activity or purpose; or
• You maintain an exceptionally high number of Users, an unusually high monthly ticket ratio per Users, an unusually high level of open tickets or other excessive stress on the Service(s).

Subject matter and nature of processing

The Brexa provides the Platform where the Client, as the data controller, can collect, store and organize the personal data of data subjects determined by the Client. The Platform has been designed to work as a sales CRM tool but, to the extent not regulated by these Terms, the Client decides how they use the Platform.

WhatsApp Business API

The User agrees and acknowledges that Brexa has partnered with WhatsApp Business Service Providers to provide the Services through the Platform. The User understands and agrees that the Platform is integrated with WhatsApp API and that We may share certain Registration Data with WhatsApp. We disclaim any liability caused by the use of WhatsApp API by You through the Platform. Further, You shall agree to adhere to the following terms and conditions set by WhatsApp for the usage of WhatsApp Business:

• https://www.whatsapp.com/legal/business-policy
• https://www.whatsapp.com/business/api/
• https://www.whatsapp.com/legal/commerce-policy/
• https://developers.facebook.com/docs/whatsapp/api/rate-limits

You understand and agree that WhatsApp may update its policies including but limited to WhatsApp Business Policy without notice; by continuing to use the WhatsApp Business Products through our Platform after such change, You consent to such changes.; You represent and warrant that You are not in violation of the WhatsApp Commerce Policy and does not come under the purview of any of the restricted industries under WhatsApp commercial policy. You acknowledge that WhatsApp Business may add limits to businesses on the number of messages to send per day as per its policy.

Further, WhatsApp has the absolute discretion to review, approve or reject any WhatsApp Message Templates (as defined in WhatsApp documentations) at any time submitted by You;

WhatsApp does not offer a way to be notified when a WhatsApp user has blocked Your sender, or to retrieve a list of WhatsApp users who have blocked You; Any violation of the WhatsApp policies may lead to suspension of Your WhatsApp account and WhatsApp has absolute discretion to limit or remove Your access to or use of the WhatsApp Business API and other WhatsApp Business Products if You receives excessive negative feedback, causes harm to WhatsApp or WhatsApp’s users, or violates or encourages others to violate our terms or policies, as determined by WhatsApp in our sole discretion. If WhatsApp terminates your account for violations of relevant WhatsApp Business terms or policies, WhatsApp may prohibit You and Your organization from all future use of WhatsApp Business API and other WhatsApp Business Products. We shall take no responsibility in case of any such violations. Any additional charges arising due to this shall be borne by the You.

Once registered on Our Platform, You cannot reuse the WhatsApp number registered with US on WhatsApp Business App or WhatsApp mobile app to use on other similar platform

WhatsApp Message Template

• WhatsApp may change acceptable message types and related policies at their absolute discretion at all times.
• You may only initiate chats if You are sending via approved WhatsApp Message Templates, subject to applicable pricing. Any WhatsApp Message Templates must comply with WhatsApp’s terms, and only be used for its designated purpose. WhatsApp has the right to review, approve and reject any WhatsApp Message Template at any time.
• You shall acknowledge that You are responsible for the variable WhatsApp Message Template costs, as WhatsApp has shifted to the conversation based pricing.

Modifications To Terms

Brexa may, in its sole and absolute discretion, change these Terms from time to time. Brexa will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the Brexa Service. Continued use of the Brexa Service following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Modifications To Brexa Service

brexa.io reserves the right to modify or discontinue the Brexa Service with or without notice to you. Brexa shall not be liable to you or any third party should Brexa exercise its right to modify or discontinue the Brexa Service.

Email Communications

By giving your email address to Brexa you agree to receive administrative, announcements, newsletters, sales, and marketing emails from Brexa You can opt-out from these emails by sending an email to: support@brexa.ai

Links

Brexa provision of a link to any other website or Internet resource is for your convenience only and does not signify Brexa endorsement of such other web site or resource or its contents. Brexa shall have no responsibility or liability for any information, software, or materials found at any other web site or Internet resource.

No Resale Of Brexa Service

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion (except for your User Submissions, to which Brexa agrees you retain all rights) of the Brexa Service, use of the Brexa Service, or access to the Brexa Service.

Email Delivery

When someone submits your forms, by default you’ll receive the results as an email notification. Brexa goes to great lengths to ensure successful delivery of emails. We do not guarantee successful delivery of your email notifications. We recommend installing Brexa mobile apps for iPhone, Apple Watch, or Android, and checking the Brexa site daily to make sure you did not miss any form submission notifications.

Form, chatbot or other tool Availability

Brexa makes no warranty that forms provided by Brexa Service will be available 100% of the time and will be error free. You will be solely responsible for any damage arising from any errors on a form or unavailability of a form.

Disclaimer of Warranties

You understand and expressly agree that use of the Brexa Service is at your sole risk. the Brexa Service is provided on an "as is" and "as available" basis. Brexa expressly disclaims all warranties of any kind, whether express or implied, with respect to the Brexa Service (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). Brexa makes no warranty that the Brexa Service will meet your requirements, or that the Brexa Service will be uninterrupted, timely, secure, or error free. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of Brexa is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. No advice or information, whether oral or written, obtained by you from Brexa or through the Brexa Service shall create any warranty not expressly made herein.

Limitation of Liability

You understand and expressly agree that, to the extent permitted under applicable law, in no event will Brexa or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), resulting from your (or anyone using your account's) use of the Brexa Service.

Exclusions And Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that Brexa may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Brexa liability shall be the minimum permitted under such applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless Brexa, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the Brexa Service, (b) your (or anyone using your account's) use of the Brexa Service, (c) your (or anyone using your account's) violation of these Terms, and (d) your (or anyone using your account's) violation of any rights of any other person or entity.

Miscellaneous

These Terms constitute the entire and exclusive and final statement of the agreement between you and Brexa with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and Brexa with respect to the subject matter hereof. These Terms and the relationship between you and Brexa shall be governed by the laws of India as applied to agreements made, entered into, and performed entirely in India by Indian residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Brexa Service shall be brought in the State courts located in India, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Brexa to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of Brexa and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Brexa Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. All terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Brexa Service.

Privacy Policy

By using Brexa Services you indicate acceptance of these terms and agree to our Privacy Policy