Brainless Lab SL (“Brainless Lab ” or the “Company”) offers
Reporting Ninja (the “Service”) according to the terms of service
“Agreement”) declared below. The Company reserves the right to
modify these terms without notice. Your continued usage of the
Service, as either a user or an Account Holder (as defined below),
constitutes your acceptance of these terms, available at
http://www.reportingninja.com/terms. Violation of any terms will
result in termination of your account. Questions about the Terms of
Service may be sent to email@example.com.
- The Company can refuse registration or cancel an account
in its sole discretion at any time.
- You are responsible for using the Service in a private and
secure manner. The Company is not liable for any damage or loss
due to unauthorized account access resulting from your actions,
such as sharing your account password or not logging out of the
- You may not register accounts with unauthorized automated
- You may not use the Service for any illegal activity or to
violate laws in your jurisdiction.
- You may not use the Service to distribute unsolicited
email (“spam”) or malicious content such as viruses or worms.
- You may not exploit the Service to access unauthorized
- Any abuse or threatened abuse of other users of the
Service or of Company personnel will result in immediate account
- Any failure of the Company to enforce or exercise a right
provided in these terms is not a waiver of that right.
- Should any provision of these terms be found invalid or
unenforceable, the remaining terms shall still apply.
- This Terms of Service constitutes the entire agreements
between you and the Company and supersedes any and all previous
agreements, written or oral, between you and the Company,
including previous versions of the Terms of Service.
- These Terms of Service shall be governed by and construed
in accordance with the laws of Spain, without giving effect to
principles of conflicts of law. You and the Company each agree
that any action at law or in equity arising out of or relating to
these Terms of Service will be filed only in Spain, and hereby
consent and submit to the personal and exclusive jurisdiction of
such courts for the purposes of litigating any such action.
Payment, Refunds, Upgrading and Downgrading Terms
- The registration is always for a free demo plan, and the
processes do not require a payment method.
- An upgrade from the free demo plan to any paid plan will
end your free trial. Notwithstanding the above, you will be billed
for your first month immediately upon upgrading.
- The Service is billed in advance on a monthly basis and is
non-refundable. There will be no refunds or credits for partial
months of service, upgrade/downgrade refunds, or refunds for
months unused with an open account. In order to treat everyone
equally, no exceptions will be made.
- According to the European Union Taxes laws (we are based
in Spain), fees may be VAT inclusive depending on your location:
- If you are based in Spain, you will be charged the 21%
Spanish VAT rate.
- If you are a company based in the European Union with
VAT number registered for tax exempt intra-Community supplies
between Member States, you will not be charged any VAT rate.
- If you are an individual or a company based in the
European Union without VAT number registered for tax exempt
intra-Community supplies between Member States, you will be
charged your local VAT rate.
- If you are based outside European Union, you will not be
charged any VAT rate.
- Downgrading your Service may cause loss of features or
capacity of your Account. The Company does not accept any
liability for such loss.
- Upgrades and downgrades can be done at any time, unless
custom modifications or features were introduced in the Service at
the Account Holder request at no charge. In theses cases,
downgrades are only available after staying 6 months in the
Cancellation and Termination
- You may request the cancellation of your subscription at
any time by clicking the “Request cancellation” button from the
subscription status page. From that time on you will not be
charged again any monthly fee, but you will be able to use your
account until the end of the current billing cycle as you already
paid for it.
- After requesting the cancellation, once the current
billing cylce is over, your account will transition to “Cancelled
subscription” status and you will no longer be able to enjoy your
Reporting Ninja plan, losing access to all the functionalities.
- The Company reserves the right to suspend or terminate
your account at any time for any reason, and is not liable for any
damage or loss resulting from such suspension or termination.
Modification to Service and Fees
- The Company reserves the right to modify, suspend, or
discontinue the Service for any reason, with or without notice.
- The Company reserves the right to modify any prices of the
Service (such as the subscription fees) or the definition of the
Copyright, Ownership, and Data Security
- The Company owns intellectual property rights to any
protectable part of the Service, including but not limited to the
design, artwork, functionality, and documentation. You may not
copy, modify, or reverse engineer any part of the Service owned by
- The Company is not liable for any damages or losses
resulting from the Service transmitting information such as
invoices and personal messages over unencrypted networks such as
Account Holder Terms
- Compliance with Laws.
Holder will not, will not agree to, and will not authorize or
encourage any third party to (a) interfere or attempt to interfere
with the proper working of the Service or any other Account
Holder’s use of the Service, including through abuse of server
capacity; or (b) use the Service for any fraudulent or unlawful
purpose. Violation of any of the foregoing may result in immediate
termination of this Agreement, at The Company’s sole discretion,
and may subject Account Holder to state and federal penalties and
other legal consequences. The Company reserves the right, but will
have no obligation, to review Account Holder’s use of the Service
in order to determine whether a violation of this Agreement has
occurred or to comply with any applicable law, regulation, legal
process, or governmental request.
- Representations and Warranties.
Without limiting any other representation, warranty or covenant
herein, each party hereby represents and warrants to the other
party that: (a) it has the full right, power and authority to
enter into this Agreement; (b) this Agreement is a valid and
binding obligation of such party; and (c) it has obtained and
shall maintain throughout the term of this Agreement all necessary
licenses, authorizations, approvals and consents to enter into and
perform its obligations hereunder in compliance with all
applicable laws, rules and regulations.
agrees to defend, indemnify and hold the other party and its
affiliates harmless from and against any third-party claim and any
related losses, costs, liabilities and expenses, including
reasonable attorneys’ fees, arising out of the breach of any
representations, warranties or covenants made by such party
herein, or out of such party’s negligence or willful misconduct.
Each party (the “Indemnified Party”) reserves the right, at the
other party’s expense, to assume the exclusive defense and control
of any matter for which the other party is required to indemnify
the Indemnified Party and the other party agrees to cooperate with
the Indemnified Party’s defense of such claims.
- Warranties; Disclaimers.
Company hereby represents and warrants that the Service as
contemplated herein will infringe on the rights of any third
parties or violate any applicable laws or regulations, including,
without limitation copyright, trademark and patent laws. UNLESS
EXPRESSLY SET FORTH IN THIS AGREEMENT, THE COMPANY MAKES NO
WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER,
INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND
EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF
NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR
PURPOSE. THE COMPANY DOES NOT WARRANT THE RESULTS OF USE OF THE
SERVICE, AND ACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY
WITH RESPECT THERETO.
- Limitation of Liability and Damages.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SYSTEM FAILURE OR NETWORK OUTAGE, WILL EITHER PARTY OR ITS
AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT
RESULT FROM THIS AGREEMENT, EVEN IF SUCH PARTY OR ITS AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN
NO EVENT WILL EITHER PARTY’S OR ITS AFFILIATES’ TOTAL LIABILITY TO
THE OTHER PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT
OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE
AMOUNTS PAID BY ACCOUNT HOLDER TO USERVOICE HEREUNDER.
- Account Holder Data.
the parties, Account Holder shall retain all right, title and
interest in and to all documents, messages, graphics, logos,
images, files, data and other information transmitted through the
Service by Account Holder (collectively, the “Account Holder
Data”), provided, however, that Account Holder hereby grants to
the Company a worldwide, royalty-free, fully sublicenseable,
non-exclusive license to use the Account Holder Data solely for
the purposes of implementing and maintaining the Service and
fulfilling its obligations hereunder. Notwithstanding the
foregoing, “Account Holder Data” does not include non-identifiable
aggregate data and usage statistics compiled by the Company in
connection with Account Holder’s use of the Service, which data
and statistics each party may use in its discretion (but which the
Company may not disclose to any third party in a manner that
identifies Account Holder in connection therewith), and which the
Company shall make available to Account Holder on an ongoing basis
during the term hereof.