Terms & Conditions
Introduction
Welcome to Breakaway Top Ventures! These Terms of Service ("Terms") govern your access and use of our website, services, and products (collectively, the "Services"). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not use our Services.
Breakaway Top Ventures, LLC ("we," "us," "our") reserves the right to update these Terms at any time. We will notify you of changes by posting the new Terms on our website and, if applicable, notifying you via email. Continued use of our Services after such changes constitutes your acceptance of the new Terms. Please review the Terms periodically for changes.
Definitions
- Services: The tools, technology, and business consulting services provided by Breakaway Top Ventures LLC, including but not limited to, business strategy development, marketing solutions, technology integration, and operational consulting.
- User: Any individual or legal entity accessing or using the Services.
- Content: Any information, data, text, software, or other materials made available through the Services.
- Customer Data: Any data, information, or content provided by you through the use of our Services.
Account Registration
To access certain features of our Services, you may be required to create an account. By creating an account, you agree to:
- Provide accurate and complete information.
- Maintain the confidentiality of your account credentials.
- Notify us immediately of any unauthorized use of your account.
You are responsible for all activities that occur under your account.
License to Use Our Services
Breakaway Top Ventures LLC grants you a non-exclusive, non-transferable, revocable license to use our Services for your internal business purposes. This license does not permit:
- Reselling or sub licensing our Services.
- Reverse engineering or modifying the Services.
- Using the Services to compete with Breakaway Top Ventures LLC.
Prohibited Use
You agree not to use the Services for any illegal or unauthorized purposes, including:
- Violating any applicable laws.
- Engaging in harmful conduct, such as spam or data mining.
- Distributing viruses or other harmful code.
Additionally, you agree not to attempt to access unauthorized areas of our Services or interfere with their operation.
Intellectual Property
All content, trademarks, logos, and intellectual property used within the Services are owned by Breakaway Top Ventures LLC or licensed to us. You may not copy, distribute, or modify any of this content without our written consent. Unauthorized use of intellectual property is strictly prohibited.
Confidentiality
You agree not to disclose any confidential information you receive from Breakaway Top Ventures LLC regarding our strategies, methods, or proprietary information. Likewise, we agree to keep any sensitive business information you provide confidential unless required by law.
Privacy
Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and protect your data. You can review our Privacy Policy at https://breakawaygo.com/privacy-policy.
Payments
If you purchase any services from Breakaway Top Ventures LLC, you agree to pay all fees associated with your order, as described on our website or in a separate service agreement. Fees are non-refundable unless otherwise stated in a specific agreement.
Service Availability and Interruptions
Breakaway Top Ventures LLC strives to keep the Services available 24/7. However, we are not responsible for any interruptions, delays, or unavailability of the Services caused by technical issues, maintenance, or events beyond our control.
Modifications to the Services
Breakaway Top Ventures LLC reserves the right to modify or discontinue any aspect of the Services at any time without liability. We will make reasonable efforts to notify users of major changes.
Termination
We reserve the right to suspend or terminate your access to the Services at any time, for any reason, including but not limited to, violation of these Terms. Upon termination, your rights to use the Services will cease, and any outstanding fees will be due.
Limitation of Liability
To the fullest extent permitted by law, Breakaway Top Ventures LLC shall not be liable for any direct, indirect, incidental, or consequential damages arising out of your use of the Services. Our total liability under these Terms shall not exceed the total fees paid by you for the Services over the preceding twelve months.
Indemnification
You agree to indemnify and hold Breakaway Top Ventures LLC harmless from any claims, damages, or expenses (including attorneys’ fees) arising out of your use of the Services, violation of these Terms, or infringement of third-party rights.
Warranties Disclaimer
The Services and all associated content are provided "as is" without warranties of any kind, whether express or implied. Breakaway Top Ventures LLC makes no warranty that the Services will meet your needs, be available on an uninterrupted basis, or be error-free.
Force Majeure
Breakaway Top Ventures LLC will not be held liable for delays or failure to perform due to circumstances beyond our control, including but not limited to acts of God, natural disasters, war, strikes, pandemics, or other unforeseen events.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to its conflict of law principles.
Dispute Resolution
Any disputes arising out of these Terms will be resolved through binding arbitration under the rules of the American Arbitration Association. Both parties waive their right to trial by jury or to participate in a class action.
Entire Agreement
These Terms constitute the entire agreement between you and Breakaway Top Ventures LLC regarding your use of the Services, and supersede any prior agreements or communications, whether written or oral.
Refund policy
The reputation and the success of our agency rests on making YOU happy with YOUR purchase. We value our relationship with you and offer you the option to return most services and subscriptions you purchase from us. However, we cannot refund usage based billing such as Phone/SMS/Email communication charges. For done-for-you (DFU) CRM and marketing services, after the onboarding period, there is a 30-day money back guarantee on initial payment, however in the event of cancellation, to continue access to what was created during onboarding, your plan reduces to $129/ month or account is removed. For do-it-yourself (DIY) CRM and marketing suite plans, there is 100% satisfaction guaranteed, except on account, Phone/SMS/Email communication charges from your wallet account usage. For DIY plans, upon cancellation, you will lose access to your account, please prepare to transition your data from your account before cancellation.
Cancellation Policy
All of our do-it-yourself (DIY) subscriptions are no-contract and clients are free to cancel with a minimum of 30 days notice from their next billing date. Prior to cancellation it is your responsibility to ensure all media assets, customer lists, configured features (templates, workflows etc.), funnels, websites, and phone numbers are transferred or removed from service.
All of our done-for-you (DFU) services are contract-based and clients are free to cancel with a minimum of 30 days after onboarding is completed. To continue access to what was created during onboarding, your plan reduces to $129/ month or account is removed. Prior to cancellation it is your responsibility to ensure all media assets, customer lists, configured features (templates, workflows etc.), funnels, websites, and phone numbers are transferred or removed from service.
Once your cancellation is processed this is irreversible and all data within the system will be purged including any phone numbers purchased through the system. If you'd like to transfer out any actively used phone numbers it will be your responsibility to submit the porting request to do so.
In lieu of cancelling your account permanently you may opt to suspend your billing for a short specified period of time after which point we will be able to resume your account. During this time all access, communications (Phone/SMS/Email), websites, automations, and other services will be paused. You will be responsible for the direct maintenance fees of phone numbers charged by the carrier however they will not be terminated/released. All functions and billing will automatically resume after the specified period of time. Suspensions are limited to 90-day spans after which billing will resume for a minimum of 30 days.