Terms of Service | SaaSy Brainformative

SaaSy Brainformative Terms of Service

Effective Date: January 1, 2026

Last Updated: January 8, 2026

Introduction

Thank you for choosing SaaSy Brainformative.

These Terms of Service (the "Terms") are a legal agreement between you and SaaSy Brainformative ("Company," "we," "us," or "our") governing your access to and use of our educational platform, courses, community, and related services (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

Entity Status: SaaSy Brainformative is currently operating as a sole proprietorship and intends to form a limited liability company. Upon formation of the LLC, these Terms will automatically apply to the newly formed entity, and you will be notified of the entity name and registration details.

Principal Place of Business: 539 W. Commerce St #5202 | Dallas TX 75208

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print or save a copy of these Terms for your records.

1. Definitions

"Account"
means your registered account for accessing and using the Services.
"Account Information"
means information about your Account and information that you provide to us in connection with (i) the creation or administration of your Account; or (ii) our maintenance of your Account or the Services. Account Information includes names, usernames, passwords, email addresses, and billing information.
"Acceptable Use Policy" or "AUP"
means our Acceptable Use Policy, which is incorporated into these Terms by reference and available in the footer of this web page.
"Community"
means the discussion forums, chat features, peer learning spaces, and other interactive features of the Services where users can communicate with each other and with instructors.
"Course Materials"
means all educational content provided through the Services, including videos, text, worksheets, slides, frameworks, templates, live session recordings, transcripts, and similar materials created or provided by SaaSy Brainformative.
"Customer Content" or "User Content"
means any information, content, or materials that you submit, upload, post, or transmit through the Services, including comments, questions, assignments, work samples, and contributions to the Community.
"Documentation"
means user guides, help articles, and other documentation relating to the Services, as may be updated from time to time.
"Subscription Term"
means the billing period for which you have subscribed to the Services (quarterly or annual).

2. Eligibility and Account Registration

2.1 Eligibility

To use the Services, you must:

  • Be at least 18 years old
  • Have the legal capacity to enter into binding contracts
  • Use the Services for lawful purposes only
  • Use the Services in a business or professional context related to SaaS onboarding, customer education, or related topics

By using the Services, you represent and warrant that you meet these eligibility requirements.

2.2 Account Registration

To access certain features of the Services, you must register for an Account by providing:

  • Your full name
  • Email address
  • Password
  • Company/business name (if applicable)
  • Billing information (for paid services)

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

2.3 Account Security

You are responsible for:

  • Maintaining the confidentiality of your Account credentials
  • All activities that occur under your Account
  • Notifying us immediately at [email protected] if you suspect unauthorized use of your Account

You may not share your Account credentials with anyone else. We are not liable for any loss or damage arising from your failure to protect your Account credentials.

2.4 One Account Per User

You may create only one Account. Creating multiple Accounts or allowing others to use your Account is prohibited and may result in termination of all Accounts without refund.

3. Services Provided

SaaSy Brainformative provides educational services focused exclusively on SaaS onboarding design and customer retention strategies. Our Services include:

3.1 Educational Courses

  • Pre-recorded video courses
  • Live workshops and training sessions
  • Interactive learning modules
  • Case studies and practical exercises
  • Q&A sessions with instructors

3.2 Community Access

  • Discussion forums for peer learning
  • Group collaboration spaces
  • Direct interaction with other learners and business owners
  • Networking opportunities with SaaS professionals

3.3 Live Events

  • Scheduled workshops and webinars
  • Group coaching sessions
  • Presentation opportunities for participants
  • Real-time feedback and discussion

3.4 Course Materials and Resources

  • Downloadable templates and frameworks
  • Worksheets and planning tools
  • Video recordings of live sessions
  • Written guides and documentation
  • Resource libraries

3.5 Instructor Access

  • Communication with course instructors
  • Feedback on submitted work
  • Guidance from learning facilitators
  • Support from moderators

4. Fees, Payment, and Access

4.1 Pricing Models and Purchase Options

SaaSy Brainformative offers various products and services with different pricing structures, including:

  • One-Time Purchase Products: Individual courses, workshops, or resources available for a single payment with time-limited access as specified at purchase.
  • Lifetime Access Products: Certain community memberships or course bundles that provide permanent access for a one-time payment, subject to the limitations in Section 4.7 below.
  • Recurring Subscriptions: Quarterly or annual subscriptions that auto-renew until cancelled, providing ongoing access to specified content, community features, or resources.
  • Resource Repository Access: Access to tools, templates, and downloadable resources, available through one-time purchase or as part of subscription packages.
  • Pre-Sale/Early Access Products: Courses or programs available for purchase before development is complete or before a specific start date is announced, as described in Section 4.9 below.

The specific pricing model, access duration, and terms applicable to each product will be clearly disclosed at the time of purchase.

4.2 Payment Processing and Authorization

By providing payment information, you authorize SaaSy Brainformative (and our third-party payment processors) to charge your payment method for:

  • The purchase price of products or services you select
  • Any applicable taxes
  • For recurring subscriptions, all subsequent renewal charges until you cancel

You represent and warrant that you have the legal right to use any payment method you provide. You agree to maintain accurate and current payment information in your Account.

4.3 Taxes

All fees are exclusive of applicable federal, state, local, or international taxes, duties, tariffs, or similar governmental assessments (collectively, "Taxes"), except for taxes based on SaaSy Brainformative's income.

You are responsible for paying all Taxes associated with your purchases. If we are required to collect or pay Taxes on your behalf, such amounts will be added to your invoice or charged to your payment method.

4.4 Recurring Subscriptions: Auto-Renewal

IMPORTANT: SUBSCRIPTIONS AUTOMATICALLY RENEW

If you purchase a recurring subscription (quarterly or annual), your subscription will automatically renew at the end of each billing period for an additional period of the same duration, at the then-current rate, unless you cancel before the renewal date.

You authorize SaaSy Brainformative to charge your payment method automatically for each renewal period until you cancel.

Renewal Notification: We will send you a reminder email at least 7 days before each renewal with information about the upcoming charge and instructions for cancellation.

Price Changes: If we increase subscription prices, we will notify you at least 30 days before the new price takes effect. The new price will apply to your next renewal unless you cancel before the renewal date.

4.5 How to Cancel Subscriptions

You may cancel your recurring subscription at any time through the platform interface in your Account settings. Cancellation is a self-service process and must be completed by you through the platform. We do not process manual cancellation requests.

To cancel:

  1. Log into your Account
  2. Navigate to Account Settings or Subscription Management
  3. Follow the on-screen instructions to cancel your subscription

Cancellation Effective Date: If you cancel a subscription:

  • Your access will continue through the end of your current paid period
  • You will not be charged for subsequent renewal periods
  • Your cancellation must be submitted at least 24 hours before the next renewal date to avoid being charged

What Does NOT Constitute Cancellation:

The following do not cancel your subscription:

  • Deleting the app or ceasing to log in
  • Verbal statements to staff or in Community forums
  • Emails or messages to support
  • Disputing charges with your credit card company
  • Changing your payment method or letting your card expire

4.6 Access Duration for One-Time Purchase Products

Unless otherwise specified at the time of purchase (such as "lifetime access"), access to one-time purchase products is subject to the following time limitations:

Standard Access Period: 6 Months from Date of Purchase

For courses, workshops, and other educational content purchased with a one-time payment (excluding products explicitly designated as "lifetime access"), you will have access for six (6) months from the date of purchase.

Rationale: Our data shows that students who do not engage with content within 6 months are statistically unlikely to complete the material. This limitation allows us to maintain optimal platform performance and focus resources on active learners.

Access Expiration Notice:

We will send you an email reminder 30 days before access expires with information about extension options.

Extension Options:

If you need additional time beyond the 6-month period, you may:

  • Purchase an extension for 50% of the original purchase price for an additional 6 months; OR
  • Upgrade to a subscription plan that includes the content

Downloaded Materials: Any templates, worksheets, or resources you download during your access period remain yours to use for non-commercial purposes even after access expires. However, access to video content, live session recordings, and the online platform will terminate.

4.7 Lifetime Access Products: Important Limitations

Certain products may be designated as "Lifetime Access" at the time of purchase. For these products, the following terms apply:

What "Lifetime Access" Means:

"Lifetime" means access for as long as:

  1. SaaSy Brainformative continues to operate and offer the Services;
  2. You maintain an Account in good standing (comply with these Terms and the AUP); AND
  3. The specific product or platform technology remains commercially viable and supported.

"Lifetime" does NOT mean:

  • ✗ Guaranteed access in perpetuity regardless of circumstances
  • ✗ Guaranteed access if we discontinue a product line
  • ✗ Guaranteed access to all future updates or new versions
  • ✗ An obligation for SaaSy Brainformative to maintain the Services indefinitely

Platform or Product Discontinuation:

SaaSy Brainformative reserves the right to discontinue any product, migrate to new platforms, or cease operations entirely. If we discontinue a lifetime access product:

  • We will provide at least 90 days advance notice via email
  • We will offer reasonable alternatives (e.g., downloadable versions of materials where feasible, or credit toward other products)
  • We will not be obligated to provide refunds for lifetime access products purchased more than 12 months prior to discontinuation

Inactivity Limitation:

Even for lifetime access products, if your Account shows no login activity for 18 consecutive months, we reserve the right to:

  • Archive your Account and content
  • Send notice to your email on file requiring you to confirm continued interest within 60 days
  • If no response, permanently deactivate access (you may reactivate by contacting support, subject to a reactivation fee equal to 25% of the original purchase price)

4.8 Resource Repository Access

Access to resource repositories (templates, tools, frameworks, etc.) may be:

  • Included as part of a course or subscription
  • Sold separately as one-time purchases
  • Available for download during your access period

Once you download a resource file, it is yours to use for non-commercial purposes in accordance with our licensing terms. You may not redistribute, resell, or sublicense downloaded materials. Access to the repository itself follows the same 6-month limitation as one-time purchase products unless you have lifetime access or an active subscription.

4.9 Pre-Sale and Early Access Products: Special Terms

PURCHASING PRODUCTS BEFORE THEY'RE FULLY DEVELOPED

From time to time, SaaSy Brainformative may offer courses, programs, or other products for purchase before development is complete or before a specific launch/start date is announced "Pre-Sale Products". These products are typically offered at a discounted early-bird price.

By purchasing a Pre-Sale Product, you acknowledge and agree that:

  1. Development Timeline: The product is under development, and we will make reasonable efforts to complete and deliver it within a reasonable timeframe. We will provide periodic updates on development progress.
  2. No Guaranteed Delivery Date: Unless we specify a firm delivery date at the time of purchase, we do not guarantee when the product will be available. Estimated timelines are good-faith estimates, not binding commitments.
  3. Content May Evolve: The final product may differ from initial descriptions as we refine content based on development progress and user feedback.
  4. Early Access Begins Your Access Period: Your 6-month access period (for non-lifetime products) begins when the product launches and you are granted access, NOT from the date of purchase.

4.9.1 Refund Policy for Pre-Sale Products

You may request a refund for Pre-Sale Products under the following conditions:

Timeframe Refund Eligibility
Before Product Launch Full refund available at any time for any reason, within 72 hours no questions asked. This 72 hour "cooling off period" will be standard unless specified in updated or new product offerings. Review the product offering FAQ and description for additional details.

Excessive Development Delays: If we have not launched the Pre-Sale Product within 6 months of your purchase date, you may request a full refund regardless of other limitations. We will proactively offer refunds if we determine we cannot complete a Pre-Sale Product.

4.10 Refund Policy: Standard Products

4.10.1 One-Time Purchase Courses (Non-Pre-Sale)

30-Day Satisfaction Guarantee: For standard one-time purchase courses, you may request a refund within 30 days of purchase if:

  • You have consumed less than 25% of the course content
  • You provide a brief explanation of why the course didn't meet your needs

Consumption Calculation:

  • Video content: Based on watch time tracked by the platform
  • Live events: Attendance at live sessions counts as consumption of that content
  • Downloaded materials: Downloading counts as consumption
  • Assignments submitted or Community participation related to the course counts toward consumption percentage

After 30 days or 25% consumption (whichever comes first): No refunds available.

4.10.2 Recurring Subscriptions

Subscription fees are non-refundable. If you cancel a subscription:

  • Access continues through the end of your current billing period
  • You will not be charged for subsequent periods
  • No refund is provided for the unused portion of the current billing period
  • No refund is provided for periods in which you did not actively use the Services

Exception: If you cancel within 7 days of your initial subscription purchase AND have not consumed more than 10% of available content, you may request a full refund of your first payment.

4.10.3 Lifetime Access Products

Lifetime access purchases are generally non-refundable. However:

  • Within 30 days of purchase AND less than 25% consumption: Full refund available
  • After 30 days: No refunds under any circumstances

4.10.4 How to Request a Refund

Refund requests must be submitted in writing via email to [email protected] with:

  • Subject line: "Refund Request – [Product Name]"
  • Your Account email address
  • Purchase date and order number (For clarity provide the Stripe reciept)
  • Brief explanation (for eligible refunds)

Approved refunds will be processed within 10 business days to your original payment method.

Refund Abuse: SaaSy Brainformative reserves the right to deny refunds or terminate Accounts if we detect a pattern of refund abuse (e.g., repeatedly purchasing and refunding products, consuming significant content before requesting refunds, or other bad-faith behavior).

4.11 Access Duration and Account Maintenance

4.11.1 Time-Limited Access for One-Time Purchases

Unless explicitly designated as "Lifetime Access" at the time of purchase, all one-time purchase products provide access for 6 months from the date of purchase.

Why 6 Months? Our data demonstrates that students who do not engage with content within 6 months are statistically unlikely to complete the material. This time limit allows us to:

  • Maintain optimal platform performance
  • Focus support resources on active learners
  • Manage server and storage costs sustainably

Access Expiration Process:

  1. 5 months after purchase: First reminder email sent
  2. 30 days before expiration: Final notice with extension options
  3. On expiration date: Access to online content and platform features is disabled

4.11.2 What Happens When Access Expires

You will lose access to:

  • Course videos and streaming content
  • Live session recordings hosted on the platform
  • Interactive platform features, Community forums, or discussion threads associated with the course
  • Future updates or additions to the course

You will retain:

  • Any materials you downloaded during your access period (PDFs, templates, worksheets) for non-commercial use
  • Knowledge and skills you acquired
  • Any certificates of completion earned (if applicable)

4.11.3 Extending Access After Expiration

If your access has expired, you may:

  • Repurchase access to the same product at the then-current price (if still available)
  • Purchase a subscription that includes the content
  • Purchase a 6-month extension for 50% of the original purchase price (available only within 90 days of expiration)

No Obligation to Maintain Inactive Accounts: SaaSy Brainformative is not obligated to maintain inactive Accounts or expired content access indefinitely. Accounts with no active paid products and no login activity for 12+ months may be archived or deleted.

4.12 Payment Failures and Account Suspension

If a payment fails for any reason (expired card, insufficient funds, etc.):

  • We will notify you via email and attempt to process payment again
  • For subscriptions: We will retry payment up to 3 times over 10 days
  • If payment cannot be processed after retry attempts, your subscription will be cancelled and access will be suspended
  • For one-time purchases: Failed payment means the transaction is not completed and access is not granted

You are responsible for ensuring your payment information remains current and valid.

4.13 No Transfers or Resales

Your access to the Services is personal to you (or your business entity) and may not be:

  • Transferred to another person or entity
  • Resold or sublicensed
  • Shared via Account credentials
  • Used to provide services to third parties

Violation of this provision may result in immediate termination without refund.

4.14 Price Changes

SaaSy Brainformative reserves the right to change the prices of any products or services at any time. Price changes:

  • Do not affect purchases already completed (you pay the price at time of purchase)
  • For subscriptions: New prices apply at your next renewal date (with 30 days advance notice)
  • For lifetime products: Price at time of purchase is locked in; no retroactive price increases

4.15 Promotional Offers and Discounts

Promotional pricing, coupon codes, or special offers:

  • Are subject to specific terms disclosed at the time of the offer
  • Cannot be combined with other promotions unless explicitly stated
  • May have expiration dates or limited availability
  • May be revoked if obtained through fraudulent means
  • Do not apply retroactively to previous purchases

4.16 Chargebacks and Payment Disputes

If you dispute a charge with your payment provider (a "chargeback"):

  • Your access to the Services will be immediately suspended pending resolution
  • If the chargeback is resolved in our favor, you agree to pay any fees we incur (including chargeback fees, typically $15-25)
  • Repeated chargebacks may result in permanent Account termination
  • If you have a billing dispute, please contact us directly first rather than initiating a chargeback

5. Your Use of the Services

5.1 License Grant

Subject to your compliance with these Terms, SaaSy Brainformative grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal or internal business purposes related to learning about SaaS onboarding and customer retention.

5.2 Use Restrictions

You may use the Services only:

  • For lawful purposes
  • In accordance with these Terms, the AUP, and the Documentation
  • In a manner consistent with the educational and professional nature of the Services

You may NOT:

  • Sell, sublicense, distribute, transfer, or rent the Services (in whole or part)
  • Grant non-users access to the Services
  • Use the Services to provide a hosted or managed service to others
  • Reverse engineer, decompile, or seek to access the source code of the Services, except to the extent prohibited by law
  • Copy, modify, create derivative works of, or remove proprietary notices from the Services
  • Conduct security or vulnerability tests of the Services without our prior written permission
  • Interfere with the operation of the Services or circumvent access restrictions
  • Use the Services to develop a product or service competitive to SaaSy Brainformative
  • Use the Services outside the scope of the rights expressly granted in these Terms

5.3 Acceptable Use Policy

Your use of the Services must comply with our Acceptable Use Policy (AUP), which is incorporated into these Terms by reference. The AUP describes prohibited content and conduct, including but not limited to:

  • Harassment, threats, or abusive behavior
  • Spam or commercial solicitation
  • Sharing or redistributing Course Materials
  • Pornographic, hateful, or extremist content
  • Illegal activities or fraud
  • Sharing Account credentials

The full AUP is available in the footer of this web page. Violations of the AUP may result in suspension or termination of your Account without refund.

5.4 No High-Risk Activities

You may not use the Services for any activities where failure, delay, error, or inaccuracy could lead to death, personal injury, or severe physical or financial harm ("High-Risk Activities"), including but not limited to:

  • Life-support or emergency services
  • Critical infrastructure operation
  • Real-time, high-risk financial trading

We have no liability for any High-Risk Activities in violation of this provision.

5.5 Enforcement

We reserve the right, but do not assume the obligation, to monitor the Services, investigate violations, and take appropriate action against any user who violates these Terms or the AUP, including:

  • Issuing warnings
  • Removing User Content
  • Suspending or limiting Account access
  • Permanently terminating Accounts
  • Reporting violations to law enforcement

We will use reasonable efforts to provide advance notice when practicable, but if we determine that your actions endanger the Services or other users, we may suspend access or remove content immediately without notice.

6. Intellectual Property

6.1 Our Ownership of Course Materials

All Course Materials, including videos, text, worksheets, slides, frameworks, templates, live session recordings, Documentation, and all other content created or provided by SaaSy Brainformative, are protected by copyright, trademark, and other intellectual property laws.

SaaSy Brainformative (and its licensors) owns and retains all right, title, and interest in and to:

  • The Services and all components thereof
  • All Course Materials
  • The SaaSy Brainformative name, logo, and trademarks
  • All improvements, updates, and derivative works

You may NOT:

  • Copy, download, screen-record, scrape, or otherwise capture Course Materials for distribution outside the Services
  • Post or upload Course Materials (or substantial derivatives) to any other platform, community, or marketplace
  • Resell, rent, sublicense, or transfer access to Course Materials
  • Use Course Materials to create or market a competing course, program, or service
  • Remove or alter any copyright, trademark, or proprietary notices

Limited Personal Use: You may use Course Materials for your own learning and within your own business. Downloaded materials (templates, worksheets) may be used for non-commercial purposes only. Any broader use requires prior written permission from SaaSy Brainformative.

6.2 Your Content

You retain ownership of any User Content you submit to the Services (e.g., comments, questions, assignments, work samples).

By submitting User Content, you grant SaaSy Brainformative a worldwide, non-exclusive, royalty-free, sublicensable license to:

  • Host, display, and transmit your User Content within the Services
  • Create aggregated examples for educational purposes
  • Use in marketing materials
  • Archive for quality assurance, security, and platform improvement

6.3 Your Responsibilities for User Content

You represent and warrant that:

  • You have all rights necessary to submit your User Content
  • Your User Content does not infringe any third-party intellectual property rights
  • Your User Content complies with these Terms and the AUP

You are solely responsible for your User Content. We are not responsible for User Content posted by you or other users.

6.4 Copyright Infringement (DMCA)

We respect the intellectual property rights of others. If you believe content on the Services infringes your copyright, please submit a written notice to:

SaaSy Brainformative
Attn: DMCA Agent
539 W. Commerce St #5202 | Dallas TX 75208
Email: [email protected]
Subject line = COPYRIGHT INFRINGEMENT

Your notice must include:

  • Identification of the copyrighted work claimed to be infringed
  • Identification of the infringing material and its location on the Services
  • Your contact information
  • A statement that you have a good-faith belief that the use is not authorized
  • A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner
  • Your physical or electronic signature

We may remove or disable allegedly infringing content and may terminate repeat infringers' Accounts.

6.5 Trademarks

SaaSy Brainformative, the SaaSy Brainformative logo, and all product names are trademarks of SaaSy Brainformative. You may not use our trademarks without prior written consent.

6.6 Feedback

If you provide us with feedback, suggestions, ideas, or other input about the Services ("Feedback"), you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use, modify, and incorporate such Feedback without any obligation to you.

7. Privacy and Data

7.1 Privacy Policy

Our Privacy Policy is linked in the footer of this web page. It explains how we collect, use, and share your personal information. By using the Services, you agree to our Privacy Policy.

7.2 Your Data Responsibilities

You are solely responsible for:

  • The accuracy and legality of any User Content you submit
  • Ensuring you have permission to share any third-party information
  • Not uploading sensitive personal data (government IDs, financial account numbers, medical records, etc.) unless explicitly required
  • Protecting your own confidential business information

If you share your screen during live sessions or upload documents, it is entirely your responsibility to ensure you do not reveal confidential or proprietary information.

7.3 Our Use of Your Data

We may collect, analyze, and use aggregated and anonymized data derived from your use of the Services to:

  • Operate, improve, and develop our products and services
  • Create educational content and case studies
  • Train AI models or other technologies
  • Conduct research and analysis

We will not use your personally identifiable information for these purposes without your consent, except as described in our Privacy Policy.

8. Third-Party Services

8.1 Third-Party Integrations

The Services may integrate with or link to third-party services, platforms, or websites ("Third-Party Services"), such as:

  • Payment processors
  • Video hosting platforms
  • Community software
  • Analytics tools

8.2 Third-Party Terms

Your use of any Third-Party Services is governed by the terms and policies of those third parties. We do not control Third-Party Services and are not responsible for:

  • Their content, functionality, or availability
  • Their privacy practices or data handling
  • Any issues arising from your use of Third-Party Services

8.3 Data Sharing

If you connect a Third-Party Service to your Account, you authorize us to share certain Account Information and User Content with that Third-Party Service as necessary to provide the integration.

9. Warranties and Disclaimers

9.1 Limited Warranty

For paying subscribers, SaaSy Brainformative warrants that we will provide the Services substantially as described in the Documentation under normal use during your paid Subscription Term.

If we breach this warranty, your exclusive remedy is:

  • Our reperformance of the deficient Services; OR
  • If we do not reperform as warranted, you may terminate your Account and receive a prorated refund of prepaid fees

You must notify us in writing within 15 days of the deficiency to receive this remedy.

9.2 Disclaimer of Other Warranties

EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SERVICES ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS.

WE MAKE NO WARRANTY THAT THE SERVICES WILL:

  • Be uninterrupted, error-free, or completely secure
  • Meet your specific requirements or expectations
  • Produce any particular business results or outcomes
  • Be compatible with all devices or browsers

WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING:

  • Warranties of merchantability
  • Warranties of fitness for a particular purpose
  • Warranties of title and non-infringement
  • Any warranties arising from course of dealing or usage of trade

9.3 No Guarantee of Results

THE SERVICES ARE EDUCATIONAL IN NATURE. WE DO NOT GUARANTEE THAT:

  • You will achieve any specific business outcomes
  • Your SaaS onboarding will improve
  • You will retain more customers
  • You will increase revenue or reduce churn

Your success depends on many factors outside our control, including your effort, implementation, market conditions, and the nature of your business.

9.4 Third-Party Content

We are not responsible for the accuracy, reliability, or quality of any User Content or content from Third-Party Services.

10. Limitation of Liability

10.1 Liability Cap

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

(A) THE TOTAL AMOUNT YOU PAID TO US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR

(B) $100

10.2 Exclusion of Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Loss of goodwill or reputation
  • Cost of substitute services
  • Business interruption

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.3 Exceptions

The limitations in this Section 10 do not apply to:

  • Amounts you owe us under Section 4 (Fees)
  • Your indemnification obligations under Section 11
  • Liability that cannot be limited under applicable law

10.4 Basis of the Bargain

You acknowledge that the limitations in this Section 10 are a fundamental part of the basis of the bargain between you and us, and that we would not provide the Services without these limitations.

11. Indemnification

11.1 Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless SaaSy Brainformative, its owners, officers, employees, contractors, and agents (collectively, "SaaSy Brainformative Parties") from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Services
  • Your violation of these Terms or the AUP
  • Your User Content
  • Your violation of any rights of another party, including intellectual property rights
  • Your violation of any applicable laws or regulations

11.2 Our Indemnification Obligations

If you are a paying subscriber, SaaSy Brainformative will defend you against any third-party claim that your use of the Services as permitted under these Terms infringes any U.S. copyright or trademark, and will pay damages finally awarded against you by a court of competent jurisdiction, provided that you:

  • Promptly notify us in writing of the claim
  • Give us sole control of the defense and settlement
  • Provide reasonable assistance at our expense

This obligation does not apply to claims based on:

  • Use of the Services outside the scope of these Terms
  • Your User Content
  • Combination of the Services with non-SaaSy Brainformative content or technology

If we believe the Services may infringe, we may, at our option:

  • Obtain a license for you to continue using the Services
  • Modify the Services to make them non-infringing
  • Replace the Services with a non-infringing alternative
  • Terminate the Services and refund prorated fees

12. Term and Termination

12.1 Term

These Terms begin when you first access the Services and continue until terminated as described below.

12.2 Termination by You

You may terminate these Terms at any time by:

  • Cancelling all active subscriptions through your Account settings
  • Ceasing all use of the Services
  • Requesting Account deletion by emailing [email protected]

For subscriptions: Access continues through the end of your paid period. No refunds for unused portions.

For one-time purchases: Access continues until the expiration of your access period. No refunds after applicable refund windows.

12.3 Termination by Us

We may suspend or terminate your Account at any time, with or without notice, if:

  • You violate these Terms or the AUP
  • You fail to pay applicable fees
  • We are required to do so by law
  • We discontinue the Services (with reasonable notice)
  • We reasonably believe your actions could harm the Services, other users, or SaaSy Brainformative

12.4 Effect of Termination

Upon termination:

  • Your license to use the Services immediately terminates
  • We may delete your Account and User Content
  • You must immediately cease all use of the Services
  • You remain liable for all fees owed
  • Downloaded materials may be retained for non-commercial use only

Survival: The following sections survive termination: Sections 4 (unpaid fees), 6 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 13 (Dispute Resolution), and 14 (General Provisions).

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at [email protected] and attempt to resolve the dispute informally. We will attempt to resolve the dispute through good-faith negotiation for at least 30 days.

13.2 Binding Arbitration

Except for Excluded Claims (defined below), any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Arbitration Process:

  • The arbitration will be conducted by a single, neutral arbitrator
  • The arbitrator will apply the substantive law of Texas without regard to conflict of laws principles
  • The arbitration will take place in Dallas, Texas or remotely via videoconference
  • The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction
  • Each party will pay its own costs and attorneys' fees, except that if you are a consumer (not a business), we will pay all AAA filing, administration, and arbitrator fees for claims totaling less than $10,000

You may opt out of arbitration by sending written notice to us within 30 days of first accepting these Terms. Your opt-out notice must include your name, email address, and a statement that you wish to opt out of arbitration. Send to:

SaaSy Brainformative
Attn: Arbitration Opt-Out
539 W. Commerce St #5202 | Dallas TX 75208
Email: [email protected]

13.3 Excluded Claims

The following are excluded from arbitration ("Excluded Claims"):

  • Claims within the jurisdiction of small claims court
  • Claims for injunctive relief related to intellectual property infringement
  • Claims related to data breaches or privacy violations where injunctive relief is sought

13.4 Class Action Waiver

YOU AND SAASY BRAINFORMATIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR MULTI-PARTY ACTION.

Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class, collective, or representative proceeding.

If this Class Action Waiver is found to be unenforceable, the entirety of Section 13.2 (Binding Arbitration) shall be null and void.

13.5 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of laws principles.

13.6 Venue

If arbitration does not apply (e.g., for Excluded Claims or if you opt out), any legal action arising out of or related to these Terms shall be filed exclusively in the state or federal courts located in Dallas, Texas, and you consent to the personal jurisdiction of such courts.

14. General Provisions

14.1 Modifications to Terms

SaaSy Brainformative may modify these Terms at any time by posting a revised version with an updated "Last Updated" date. If we make material changes, we will provide you with reasonable notice via:

  • Email to the address on file in your Account
  • Prominent notice on the Services
  • Notice upon your next login

Continued use of the Services after the effective date of modified Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Services.

14.2 Entire Agreement

These Terms, together with the AUP, Privacy Policy, and any other policies incorporated by reference, constitute the entire agreement between you and SaaSy Brainformative concerning the Services and supersede all prior agreements, understandings, and communications.

14.3 Assignment

You may not assign or transfer these Terms or your Account without our prior written consent. We may assign these Terms without your consent in connection with a merger, acquisition, or sale of assets. Any attempted assignment in violation of this section is void.

14.4 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.

14.5 Waiver

No waiver of any provision of these Terms shall be effective unless in writing and signed by SaaSy Brainformative. No waiver of any breach shall constitute a waiver of any other breach.

14.6 Force Majeure

SaaSy Brainformative shall not be liable for any delay or failure to perform obligations under these Terms due to causes beyond our reasonable control, including:

  • Acts of God, natural disasters, pandemics
  • War, terrorism, civil unrest
  • Government actions or regulations
  • Strikes or labor disputes
  • Failures of third-party service providers
  • Internet or telecommunications outages

Security Incidents: While we implement reasonable security measures, no internet-based system is 100% secure. We will not be liable for security breaches caused by:

  • Sophisticated attacks by nation-state actors
  • Zero-day exploits unknown to the security community
  • Third-party service provider breaches beyond our control

We WILL be liable for breaches caused by our gross negligence or willful misconduct.

14.7 Relationship

Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between you and SaaSy Brainformative.

14.8 Third-Party Beneficiaries

These Terms are for the benefit of you and SaaSy Brainformative only. No third party shall have any right to enforce these Terms.

14.9 Notices

Notices to You: We may provide notices to you via email to the address on file in your Account or by posting on the Services. You are responsible for keeping your email address current.

Notices to Us: You may send notices to us at:

SaaSy Brainformative
539 W. Commerce St #5202 | Dallas TX 75208
Email: [email protected]

For legal notices, use: Attn: Legal Department

14.10 Export Compliance

You represent and warrant that:

  • You understand that components of the Services may be subject to export controls
  • You will not use the Services in violation of U.S. export laws or regulations
  • You are not located in, under the control of, or a national or resident of any country subject to U.S. sanctions

14.11 Government Users

If you are a U.S. government entity, the Services are "commercial items" as defined in 48 C.F.R. §2.101, and are provided with only those rights as are granted to all other users under these Terms.

14.12 Accessibility

We strive to make the Services accessible to users with disabilities. If you encounter accessibility barriers, please contact us at [email protected].

14.13 Language

These Terms are written in English. Any translation is provided for convenience only. In the event of any conflict, the English version shall prevail.

15. Contact Information

If you have questions about these Terms or the Services, please contact us:

SaaSy Brainformative
539 W. Commerce St #5202 | Dallas TX 75208
Email: [email protected]
Website: saasybrainformative.com

For legal inquiries: Attn: Legal Department

By using SaaSy Brainformative's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

END OF TERMS OF SERVICE

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