Last updated: April 12th, 2024
These Terms of Use constitute a legally binding agreement
made between you, whether personally or on behalf of an
entity (“you”) and BRAKEABLE ("Company", “we”, “us”, or
“our”), concerning your access to and use of the
BRAKEABLE.com website as well as any other media form, media
channel, mobile website or mobile application related,
linked, or otherwise connected thereto (collectively, the
“Site”). You agree that by accessing the Site, you have
read, understood, and agree to be bound by all of these
Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF
USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE
AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be
posted on the Site from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in
our sole discretion, to make changes or modifications to
these Terms of Use at any time and for any reason. We will
alert you about any changes by updating the “Last updated”
date of these Terms of Use, and you waive any right to
receive specific notice of each such change. Please ensure
that you check the applicable Terms every time you use our
Site so that you understand which Terms will be subject to,
and will be deemed to have been made aware of and to have
accepted, the changes in any revised Terms of Use by your
continued use of the Site after the date such revised Terms
of Use are posted.
The information provided on
the Site is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation
or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those
persons who choose to access the Site from other locations
do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws
are applicable.
Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality,
software, website designs, audio, video, text, photographs,
and graphics on the Site (collectively, the “Content”) and
the trademarks, service marks, and logos contained therein
(the “Marks”) are owned or controlled by us. The Content and
the Marks are provided on the Site “AS IS” for your
information and personal use only. Except as expressly
provided in these Terms of Use, no part of the Site and no
Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to
download or print a copy of any portion of the Content to
which you have properly gained access solely for your
personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and
the Marks.
By using the Site, you represent and warrant that: (1) you
have the legal capacity and you agree to comply with these
Terms of Use; (2) you are not a minor in the jurisdiction in
which you reside; (3) you will not access the Site through
automated or non-human means, whether through a bot, script
or otherwise; (4) you will not use the Site for any illegal
or unauthorized purpose; and (5) your use of the Site will
not violate any applicable law or regulation.
If
you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or
future use of the Site (or any portion thereof).
We accept the following forms of payment: Bank Transfer
You may be required to purchase or pay a fee to
access some of our services. Sales tax will be added to the
price of purchases as deemed required by us. We may change
prices at any time. All payments shall be in Euros.
You may not access or use the Site for any purpose other
than that for which we make the Site available. The Site may
not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by
us.
As a user of the Site or any other BRAKEABLE
Service, you agree not to:
• Systematically retrieve
data or other content from the Site to create or compile,
directly or indirectly, a collection, compilation, database,
or directory without written permission from us.
•
Upload or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the Site or
modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the
Site.
• Use the Site as part of any effort to compete
with us or otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial enterprise.
•
Share any BRAKEABLE reports
• Take screenshots of any
images
• Publish any material of the Site or any other
BRAKEABLE Service to a wider audience
We reserve the right to change, modify, or remove the
contents of the Site at any time or for any reason at our
sole discretion without notice. However, we have no
obligation to update any information on our Site. We also
reserve the right to modify or discontinue all or part of
the Site without notice at any time. We will not be liable
to you or any third party for any modification, price
change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all
times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Site,
resulting in interruptions, delays, or errors. We reserve
the right to change, revise, update, suspend, discontinue,
or otherwise modify the Site at any time or for any reason
without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use the Site during any downtime
or discontinuance of the Site. Nothing in these Terms of Use
will be construed to obligate us to maintain and support the
Site or to supply any corrections, updates, or releases in
connection therewith.
There may be information on the Site that contains
typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the
information on the Site at any time, without prior notice.
Visiting the Site, sending us emails, and completing online
forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications
we provide to you electronically, via email and on the Site,
satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in
any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than
electronic means.
These Terms of Use and any policies or operating rules
posted by us on the Site or in respect to the Site
constitute the entire agreement and understanding between
you and us. Our failure to exercise or enforce any right or
provision of these Terms of Use shall not operate as a
waiver of such right or provision. These Terms of Use
operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others at
any time. We shall not be responsible or liable for any
loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a
provision of these Terms of Use is determined to be
unlawful, void, or unenforceable, that provision or part of
the provision is deemed severable from these Terms of Use
and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture,
partnership, employment or agency relationship created
between you and us as a result of these Terms of Use or use
of the Site. You agree that these Terms of Use will not be
construed against us by virtue of having drafted them. You
hereby waive any and all defenses you may have based on the
electronic form of these Terms of Use and the lack of
signing by the parties hereto to execute these Terms of Use.
The Client can commission specific projects by accepting a
corresponding written offer from BRAKEABLE. The Client may
accept a written offer by confirming it by e-mail or
telephone or by transferring the invoice amount stated in
the offer. In case the written offer concerns a pre-defined
non-exclusive industry report, a pdf file containing the
report or a link to any corresponding HDYD board will be
sent to the client. The links will be available for one
year. The number of people with access to the link depends
on the specific pricing of the written offer and will be
defined in the written offer. In case the written offer
concerns an individual, exclusive project, the procedure
will be the following:
Once the written offer is
confirmed by the Client, the development of the survey will
be performed collaboratively. Depending on the specific
pricing defined in the written offer, either BRAKEABLE or
the client are responsible for sending out the survey to a
specific consumer panel. The amount of support from
BRAKEABLE in pre-testing the survey, selecting a specific
consumer panel and taking care of reaching sufficient
numbers of consumers will be defined in the written offer
and depends on the specific pricing. Once the survey is
completed BRAKEABLE will offer a Dashboard containing all
the image data together with basic demographic information
of each respondent of the survey. Based on the written
offer, BRAKEABLE may in addition perform the Tribes analysis
and develop the corresponding board or may in addition
create a full report containing statistical analyses. The
exact agreement on the amount of services provided will be
stated in the written offer.
Parts of the Terms of Use of BRAKEABLE were generated
by Termly.