Terms and Conditions

  1. Introduction

    1. Thank you for choosing Brand Embassy (the „Service” or the „Brand Embassy”). Our software is designed to help companies scale social customer service operations and improve the relationship they have with customers online. The best way to start our cooperation is to make sure we understand our rights and obligations. That is why these Terms of Service („Terms“) are included as an inseparable part of your order of Brand Embassy.
    2. Brand Embassy is provided by Brand Embassy Ltd., a company incorporated under the laws of the United Kingdom having its registered office at 1st floor (North) Devonshire House, 1 Devonshire Street, W1W 5DS, London, The United Kingdom (the „Provider“ or “We”).
  2. What is Brand Embassy

    1. Brand Embassy is social customer service software designed to scale high volume customer service operations. Our platform unifies customer requests and relevant conversations from Facebook, Twitter, Instagram, Google+, LinkedIn, VK (Vkontakte), live chat, web forms, blogs, and discussion forums, and routes them to the most relevant customer service agent based on specified priorities.
    2. Brand Embassy comprises various tools and features which is based on a SaaS (software as a service) principle. After successful completion of your order you will be provided with online environment of Brand Embassy and all its features. The means of use are completely up to you, provided that you adhere to applicable legal provisions, ethical standards and principles of fair market competition and last but not least to these Terms.
    3. To understand Brand Embassy and take a full advantage of our Service We undertake to train four of your customer service employees in the first week of your subscription period. They will be informed about the tools and features of Brand Embassy. However, you are solely responsible for how you use Brand Embassy.
  3. How can you order Brand Embassy

    1. You can obtain detailed information about Brand Embassy during the meeting with our representatives or at our website: https://www.brandembassy.com. If you prefer telephone contact, our representatives are ready to assist you at the phone numbers published on our website.
    2. In order to start using Brand Embassy We have to receive your binding order which states your consent to these Terms, the period of time you wish to use Brand Embassy (“subscription period”), names of the customer service employees who will attend the Brand Embassy training (Art. 2.3), any other details agreed upon with our representative. If there is any information missing in your order or We need to clarify some item before confirmation of your order, We will immediately contact you.
    3. After confirmation of the order We will send you the invoice containing the specified subscription period and applicable fee for your use of Brand Embassy and other important details.
    4. After your first order, you are entitled to 14-days free trial period commencing on the day We confirm your first order to try out Brand Embassy and any of its features during which there will be one Brand Embassy client service manager ready to help you and answer any of your questions. You are allowed to cancel your order anytime during trial period by contacting our client service manager. You are only entitled to one trial period of Brand Embassy.
  4. Using Brand Embassy — subscription period and payment conditions

    1. Brand Embassy is a paid service based on the subscription basis. The fee for basic subscription period can be found out from our representatives listed at the website https://www.brandembassy.com and will be stipulated in the confirmed order of the Service (“subscription fee”).
    2. If you want to use Brand Embassy after the expiration of the trial period, you are allowed to do so provided We receive the payment of the invoiced subscription fee to the bank account specified in the invoice before the end of the trial period. We will inform you about the receipt of your payment immediately.
    3. We will provide you with the login information (username and password) after the receipt of the invoiced subscription fee. You are obliged to change the default password within 5 days since your first login. You are responsible for the safety of your login information.
    4. Your first subscription period begins on the first day after the 14-day free trial period. Provided that We have received payment of your subscription fee, your next subscription period begins
      • I. on the first day after the expiration of the previous subscription period (if the subscription periods continue without any interruption) or
      • II. on the first day after the receipt of your subscription fee (if there is any time delay between the subscription periods).
    5. You shall inform us no later than 10 days before the expiration of your current subscription period if you are interested in extending your subscription for the next subscription period.
    6. Brand Embassy is entitled to update the pricing conditions. This does not affect already existing orders and subscriptions in progress. If you do not agree with the new pricing you are free to choose not renewing your order at the end of your subscription period.
    7. Brand Embassy reserves the right to contact you about special pricing if you maintain an exceptionally high number of end users (your customers or visitors of your channels), an unusually high monthly cases ratio per agent, an unusually high level of open cases or other excessive stress on Brand Embassy.
    8. If you for any reason do not use Brand Embassy during your subscription period, it does not imply your right to claim any refunds or compensation from Brand Embassy.
  5. Liability

    1. You agree that your conduct and use of Brand Embassy will be in accordance with law applicable to you based on your seat/habitual residence and/or current location and comply with the laws of England and Wales. Your activity shall not contradict the legally binding provisions of applicable law, shall be performed in good faith, shall comply with public order and it shall not impede the rights of Brand Embassy or any other third person.
    2. Though We use our best efforts to provide Brand Embassy at the top quality, We are not liable for any occasional impaired accessibility or non-operability of Brand Embassy, due to, but not limited to, technical difficulties, dependence on the services of the third parties and other reasons beyond the scope of our control.
    3. We will use our best efforts to prevent any loss or damage of your data. However, We strongly recommend you backing up your important data on a regular basis, since We cannot guarantee their permanent accessibility and We are not liable for any occasional loss or damage of your stored data.
    4. Without prejudice to any other right or remedy, We may limit, suspend or terminate your access to Brand Embassy (either temporarily or permanently) without any compensation if you are (or We have reasons to believe that you are) failing to comply with these Terms. We will notify you by email about our action and may grant you certain period of time to comply again with these Terms.
    5. Our total liability, regardless of the legal basis for your claims, will be limited only to direct damages up to the amount you have paid for the Service for the last 90 days subscription period before the occurrence of your claim. In the case of free use of our Service our total liability to you will not exceed €1000.
    6. To the maximum extent permitted by applicable law, whatever the legal basis for your claim is, brand embassy will not be liable for any indirect damages (including, without limitation, special, incidental, or consequential damages of any kind whatsoever, damages for lost of profits or revenues or business interruption) arising in connection with use of our service, or in connection with any content, materials delivered within service.
    7. You agree to indemnify us and hold us harmless against any and all liability, claims, suits, losses, costs and legal fees caused by or arising out of your use, misuse of Brand Embassy or your breach of these Terms.
    8. The use of Brand Embassy is at your own risk. You acknowledge that the content as delivered within Brand Embassy is originated and created by third parties and We are not liable and have no control over any third party content or links. The Service is provided “as is” on a commercially reasonable basis. We provide no other express or implied warranty of the quality, content suitability, functionality, availability or performance of our Service.
    9. You acknowledge and agree that your primary remedy for any dispute with Brand Embassy is to stop using our Service. Brand Embassy shall not be liable in any way for damage or loss of any kind resulting from the inability to use the Service including without limitation computer failure or malfunction or the interruption of the Service including without limitation internet disruptions, software or hardware failures or any other event which may result in a loss of data of disruption of the Service.
  6. License

    1. Any copyright to the Service and to all works forming a part thereof, with the exception of third-party content (the “Copyrighted Work”) is exercised by the Provider. You may use the Service only for your internal purposes. The Provider reserves any further rights to the Service.
    2. You may not copy, reproduce, decompile, alter, process, translate or otherwise modify the Copyrighted Work and engage in these activities to remove defects or create back-up copies, analyse the Copyrighted Work, nor reverse engineer or otherwise modify the source codes.
    3. You may not use the Copyrighted Work to develop applications derived from or based on the Service to be used or distributed to any third party, whether in full, in part or as separate products or components distributed by any means (including the Internet and Internet-based services), nor provide or offer to third parties any kind of software adjustment / development services related to the Service, whether directly or indirectly, regardless of the manner in which these services are offered and provided (including the Internet and Internet-based services).
    4. Unless so explicitly approved by the Provider, you may not sub-license, assign rights to the Service or Copyrighted Work, nor enable access to the same other than as resulting from normal use.
    5. In using the Service, you must refrain from using any devices or other applications enabling to monitor or copy the content of the Service; this does not apply to the tools offered by the Service or to situations when the temporary reproductions are saved in a user’s device to facilitate the use of the Service.
    6. In uploading or writing your own content within the Service, you grants the Provider non-exclusive authorisation unlimited in territory and time to use the content in order to run the Service for the purposes for which the content has been provided by you, in particular, but not limited to, post the content to social networks, email, live chat and other digital channels.

By sending your order of Brand Embassy you confirm that yout have read these terms, you agree with them and are undertake to comply with them. Any breach of these terms may lead to the termination of our service without any right to any compensation.