Terms of Service
These Terms of Service ("Agreement") constitute a legally binding agreement between Statusbrew, LLC. (“Statusbrew”, “we”, “us”) and you, a user accessing or visitor of our services (referred to as “you” or “your”). By using our Services, you are affirming that you have read, understood, and accepted this Agreement. We may regularly amend and update the terms of this Agreement which is published at https://statusbrew.com/tos. We will notify you of such changes on our website. If you consent to and subsequently continue to use the Services in any way after the change has been notified to you, it shall be deemed that you agree to all of the changes. This Agreement appeals to the "Services," encompassing our website available at https://statusbrew.com/ and all associated web pages and mobile applications linked to it that are owned by us. For corporate entities or organizations, references to “you” and “your” shall extend to your company, employees, representatives, and agents.
We use several terms that have exceptional significance in this Agreement. While some definitions may be found elsewhere, this section outlines the meanings of key terms used throughout.
- "Data" is a generic term that implies all data and information (including but not limited to content, pictures, photographs, videos, audio, and other documents) in any format that is transferred to, downloaded from, or displayed on Services. It will be the information that you or your authorized users give to us or transfer to Services.
- "Services" signifies our sites, for instance, statusbrew.com (and all its current and future subdomains), and mobile applications, and any other services that you access or buy through our sites or mobile applications.
- "Third-Party Services" refer to services not provided by Statusbrew but accessible or utilized in conjunction with our Services. This includes "Social Media Services," which comprise the supported social networking sites (included but not limited to Facebook, LinkedIn, X (formerly Twitter), Instagram, Pinterest, YouTube and TikTok) available as extensions and applications within the Statusbrew App Directory (https://space.statusbrew.com).
- "You", "your", "Client". and similar terms denote the individual(s) or legal entity specifying or using the Services through your account. To clarify, if you access and use the Services on behalf of a company (such as an employer) or another legal entity, "you," "your," or "Client" refers to the organization or legal entity you are representing and extends to include your employees, agents, and other representatives.
2. General Terms
- We reserve the right to refuse Services to any individual at our discretion and without prior notice.
- You agree not to replicate, imitate, duplicate, sell, exploit, or misuse any aspect of the Service, or any interaction facilitated through the Services, without our explicit written permission.
- You agree that you are a minimum of eighteen (18) years of age or otherwise have the consent and supervision of a parent or legal guardian to use the Services. Statusbrew reserves the right to verify your age and may suspend or terminate your use of Services if you are found to be in violation of these Terms of Service. The parent or legal guardian of a minor shall be liable for its use of the Services, including any financial transactions or obligations incurred through such use.
- If you are using our Service as an employee representing a company, you affirm that you have the authority to enter into this Agreement on behalf of the company and bind it legally. Statusbrew bears no responsibility for liabilities arising due to your lack of authorization to enter this Agreement on behalf of your company.
- You are responsible for any individuals, including but not limited to your staff, advisors, or contractors, who access our Services through your account.
3. User Account
- In order to access and utilize certain features of our Services, you may need to create a user account. You agree to provide accurate and complete information during the registration process. By doing so, you consent to the use of the information such as your name, phone number, email ID, and any other details deemed necessary for the provision of requested Services. You are responsible for the accuracy of the information furnished and maintaining the confidentiality of your account credentials as well as for all activities that occur under your account.
- You are responsible for maintaining the confidentiality of your account credentials, passwords and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or security breaches.
- Your account is for your personal use or, if created on behalf of an organization, for the authorized use of that entity. You may not share your account credentials with others.
- You agree to comply with all applicable laws and regulations while using the Services, and you will not use the Services for any unlawful or unauthorized purpose.
- We reserve the right to terminate or suspend your account at our discretion, without notice, if we suspect any fraudulent activity, violation of the terms of this Agreement or for any other reason.
- You are liable for the completeness, security, integrity, and accuracy of the account data you give to us. You will quickly inform us of any unapproved access to or utilization of your login credentials.
- You acknowledge that certain features and functionality of the Services may be restricted based on your account type or subscription plan.
4. Scope of Services
- Subject to your compliance with the terms of this Agreement, we will permit you and your authorized users to access and utilize our Services in the manner set out in the subscribed plan.
- Our Services are subject to ongoing advancement. There may be occasions where we need to modify, add, or remove features from our Services as necessary, without any specific obligation to notify you of these changes, provided such changes do not materially alter the nature of the Services you subscribed for. We hold no obligation to you or any third party for alterations, pricing adjustments, suspensions, or discontinuation of any aspect of our Services. Alterations in pricing will come into effect at the time of renewal of your current subscription.
- Our Services integrate with Social Media Networks and depend on the availability of features and functionality provided by those Social Networks, which are beyond our control and may undergo changes without prior notice. In the event that a Social Network ceases to provide certain features or functionality to us, or if it alters the terms of access (API Change), we reserve the right to discontinue access to those features or functionality. We shall not be held liable to you or any third party for such changes.
5. Trial, Terms & Renewal
- You are required to pay fees for the Services you purchase, excluding any explicitly free Services that we offer. If you are registering for a free trial in the category of paid services without providing credit card details, upon successful completion of the relevant trial period, we may request a credit card or ACH method (Yearly Term) for subscription continuation.
- Paid plans will automatically renew at the end of the term (monthly or annually, as per your chosen plan during purchase). Your bill will be automatically generated upon renewal unless you opt to downgrade our services prior to the end of the term.
6. Acceptable Usage
- Lawful Use: You commit to using Statusbrew's Services in compliance with all applicable laws and regulations, refraining from any activities that contravene local, national, or international laws.
- Respect for Third-Party Rights: You will honor the intellectual property rights, privacy, and legal entitlements of Statusbrew, its users, and third parties. Avoid unauthorized utilization or reproduction of copyrighted materials or infringement upon intellectual property rights.
- Non-Exploitative Use: Statusbrew's Services are meant for their designated purposes and should not be exploited for malicious or unethical activities. This encompasses activities like spamming, phishing, or any form of social engineering.
- No Harmful Activities: Use of Statusbrew's Services shall not involve any detrimental activities, including, but not limited to:
a) Uploading, transmitting, or disseminating malicious code, viruses, or harmful software.
b) Disrupting the proper functioning of the Services.
c) Attempting unauthorized access to Statusbrew's systems or networks.
- You pledge not to utilize the Services beyond the bounds set in this Agreement and any other agreements provided by Statusbrew. Additionally, you shall refrain from engaging in the following actions:
a) Attempting to reverse engineer, decompile, or extract the source code of the software, or gaining unauthorized access to any Service components.
b) Introducing viruses, malicious, or harmful code into the Services.
c) Disrupting the integrity or performance of the Services and associated systems.
d) Breaching any applicable laws, regulations, or third-party rights.
e) Allowing usage of the services in ways not endorsed by this Agreement.
f) Replicating any features, functions, graphics, or User interfaces of the Services.
g) Using any software component to create a competing product or service.
h) Sharing any documentation of the Services with unauthorized third parties without prior consent from the Service provider.
i) Renting, leasing, selling, licensing, sublicensing, assigning, distributing, publishing, transferring, or otherwise making available any software component or documentation except as expressly permitted under this Agreement.
7. Submitted Data
If you use our Services for a contest or any other activity where users are requested to submit data through our Services ('Submitted Data'), you acknowledge and agree that:
- The Services do not assist you in complying with laws, rules, or regulations that may be applicable to your collection or use of Submitted Data, which is entirely your responsibility; and
- We shall not be held liable to you or any third party for the Submitted Data. We make no guarantee that any Submitted Data retrieved or displayed through the Services is accurate or complete.
8. Third-Party Services and Integrations
- Our Services incorporate links to or allow you to integrate and use specific external third-party products, services, or software alongside our applications (“Third Party Services,” with each referred to as “Third Party Service”), encompassing certain social media platforms and other integration collaborators. For harnessing these features, you might have to register or sign in to these Third Party Services on their respective platforms. By facilitating our Services to link to such Third Party Service, you are permitting a safe authentication token to be exchanged from the Third Party Service to Statusbrew for this explicit aim.
- It is imperative for you to recognize that your interaction with any Third Party Service is solely governed by such Third Party Services’ terms and conditions, privacy policies, usage guidelines, or other related agreements. (“Third Party Service Agreements”). Statusbrew neither endorses, nor takes liability for, nor offers any guarantees concerning the Third Party Service, its content, or its methods of utilizing, preserving, or processing your information. Any damage or loss arising from your connection to such Third Party Service or your dependence on its policies or practices is not under the purview of Statusbrew. We are not accountable for any modifications, removals, or alterations made to your information by these Third Party Services.
- Some features of Statusbrew might be contingent on the presence of these Third Party Services and the facilities they provide to us. We do not exercise control over Third Party Service attributes, and they might be altered without prior intimation to us. Should any Third Party Service cease its provision of access to any feature or function that is currently or was historically accessible to us, or denies access on feasible terms as decided by Statusbrew at our sole judgment, we might restrict certain functionalities of our platform.
- No refunds will be issued by us nor will we be accountable for any losses stemming from changes introduced by the Third Party Service or any subsequent modifications to our platform. Any claims pertaining to such Third Party Services against Statusbrew are irrevocably waived by you.
- In leveraging our platform, you concur with the following: (i) You oversee the data, while Statusbrew helps manage any content it collects for you from Third Party Services ("Third Party Content"). (ii) You give us permission to integrate with Third Party Services, enter into agreements for these integrations, and handle any personal data accessed through these integrations on your behalf. (iii) It's your responsibility to follow any relevant Third Party Service Agreements (including developer guidelines) and data protection regulations when creating or using Third Party Content.
9. Intellectual Property Rights
- Statusbrew’s Intellectual Property: Statusbrew retains sole ownership of all intellectual property rights related to the Services provided. These rights encompass patents, copyrights, trademarks, trade secrets, and any other proprietary rights inherent in the Services.You acknowledge and agree that we maintain all legal rights, titles, and interests in the Services, encompassing innovations, methodologies, technologies, software, algorithms, data, and any associated content or materials integral to the Services' delivery. You shall not, under any circumstances, use our logos, trademarks, copyrighted materials, or any other intellectual property without obtaining prior written consent from Statusbrew. Any unauthorized use, reproduction, or modification of Statusbrew's intellectual property is strictly prohibited and shall result in legal action.
- Your Intellectual Property: You retain ownership of any data you submit, post, or display on or through the Services. By doing so, you grant us a worldwide, non-exclusive, perpetual, irrevocable, sublicensable, transferable, royalty-free license to use, operate, copy, reproduce, process, modify, analyze, adapt, distribute, transmit, display, and distribute data submitted by you for the purpose of providing, supporting, enhancing, and evolving our products and services.
10. Disclaimer of Warranties & Limitation of Liability
We shall not be held liable for indirect, incidental, punitive, special, exemplary or consequential damages, including but not limited to loss of profits, data, or other intangible losses, arising from the use of or inability to use our Services or any other aspect of this Agreement. Under no circumstances will we be responsible for any damages resulting from Third-Party Services, Social Networks, or any association therewith, nor for any harm, loss, or injury resulting from hacking, alteration, theft, or other unauthorized access to or use of our Services, your account, or the data contained therein, including Customer data. No advice or information, whether oral or written, obtained from us or elsewhere, shall create any warranty or condition not expressly stated in this Agreement. Our pricing is established based on these limitations of liability and disclaimers of warranties outlined in this section. To the maximum extent permitted by applicable law, Statusbrew's total liability for any claim arising out of or relating to these terms or the use of the services shall be limited to the amount paid by you to Statusbrew for the Services during the six months preceding the date of the claim. If you are dissatisfied with our services or believe you have been harmed by using our services or this agreement, your sole and exclusive remedy is to discontinue using our Services. Termination of your use of the Service is your sole recourse under this Agreement.
You agree to indemnify and hold Statusbrew, its affiliates, directors, officers, employees, agents, and licensors harmless from and against any claims, liabilities, damages, losses, fines and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your use of the Services, your violation of these Agreement, or your violation of any rights of third party or any of Statusbrew’s policies applicable to you. Statusbrew reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate as reasonably required by Statusbrew in the defense of any such claims. This indemnification obligation will survive these terms and your use of the services.
12. Force Majeure
We aren't liable to you or any third-party for any inability to perform our obligations under this contract if that failure results from any reason beyond our ability to control, such as; fire; flood; earthquake; accidents; vandalism; power failure; the act of hackers; Internet or network failures; Acts of God and the public enemy; Acts of terrorism; Act of war; riots; lock-downs or any laws, orders, rules, guidelines, acts or limitations of any administration or legislative body or authority, common or military, including the orders and decisions of courts; or if someone else (Social Network) changes their terms or no longer offers their services to you or Statusbrew on terms we believe are reasonable.
13. Notice To You
Statusbrew may pass notice to you by putting a banner notice on our platform or website. We may like to reach you or your authorized users through your Statusbrew account or contact data you provided, like email or phone number, or via your account on one or more social networks. If you neglect to keep up with exact account data, such as contact details, you may not get critical data about our services.
14. Notice To Statusbrew
For any notice to Statusbrew that you give under or regarding this contract, you can notify Statusbrew via email email@example.com.